Storm contractor rules in Oregon: the 15 percent price test and the contractor definition that names tree removal
Oregon's construction contractor law names people who remove trees, prune trees, remove limbs or stumps, or do limb guying as contractors, with an exception for landscape contracting businesses. Its price rule for emergencies sets a 15 percent test. This page restates chapters 701, 671 and 401 of the Oregon Revised Statutes as the Legislature publishes them, read on October 9, 2026.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. The wider picture is on the storm contractor rules page. Every row is statute text. Chapter 701 and chapter 671 name tree work. Chapter 401 does not, and it turns on a declaration by the Governor.
The sections in one table
| Section | What it says |
|---|---|
| 701.005(5)(a), contractor | A person who, for compensation, arranges, undertakes, offers or bids to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish for another a building, road, excavation or other structure, project, development or improvement attached to real estate |
| 701.005(5)(e), tree work | A contractor also includes a person, except a landscape contracting business, nurseryman, gardener or person in the commercial harvest of forest products, engaged as an independent contractor for tree removal, tree pruning, removing tree limbs or stumps, or tree or limb guying |
| 701.021, licence | A person that undertakes, offers or bids to do work as a contractor must have a licence from the Construction Contractors Board and an endorsement. For work on a residential structure the endorsements listed include residential general contractor, specialty contractor, limited contractor, restoration contractor and home services contractor |
| 701.026 | A contractor may not hire a contractor unless the one hired is licensed and endorsed for the work or exempt under section 701.010 |
| 671.525(5)(b)(D), landscape contracting | The board's independent contractor decision for a landscape contracting licensee applies to work that includes "Removing or pruning a tree, removing tree limbs or stumps or tree or limb guying" |
| 401.960, the goods and services | Essential consumer goods or services are those bought mainly for personal, family or household purposes and necessary for health, safety or welfare, including "residential construction materials or labor", shelter, food, water and petroleum products. An abnormal disruption of the market is an emergency that prevents their ready availability |
| 401.965(2) and (3), the test | A merchant may not sell or offer to sell essential consumer goods or services at an unconscionably excessive price during a declaration. A charge that is 15 percent or more above the merchant's price immediately before or during the declaration, or above the price of similar goods or services readily obtainable nearby, is prima facie proof |
| 401.965(4), the exceptions | The evidence is not prima facie proof if the price is attributable to extra costs imposed by suppliers or necessarily incurred in getting the goods or services, or results from increased internal costs |
| 401.965(5) to (7), the declaration | The Governor may declare an abnormal disruption of the market by proclamation or as part of a state of emergency. It names the area and the start time, ends automatically 30 days later unless extended in 30-day steps, and ends sooner if the Governor or the Legislative Assembly terminates it |
Who counts as a contractor
Section 701.005 puts tree removal and pruning inside the contractor definition, and ties that to the licence and endorsement in section 701.021. The exceptions in the same sentence matter: a landscape contracting business, a nurseryman, a gardener and a commercial harvester of forest products are carved out of that clause. Chapter 671 separately names tree removal and pruning among the work covered by the board's independent contractor decision for a landscape contracting licensee. The sections read do not say which endorsement a tree-only business holds. That is a question for the Construction Contractors Board and the State Landscape Contractors Board.
The price rule
Oregon's price rule is not tied to a fixed look-back window. The 15 percent comparison uses the price immediately before or during the declaration, or prices nearby. The rule covers goods and services for household purposes, and the text lists "residential construction materials or labor". The text does not mention tree work. For how other states treat tree work, see contractor licences for tree work. Other credentials for tree workers are on the page on state arborist licences.
Sources
- Oregon Legislature, Oregon Revised Statutes chapter 701, Construction Contractors and Contracts, sections 701.005, 701.021 and 701.026, read October 9, 2026
- Oregon Legislature, Oregon Revised Statutes chapter 671, Architects; Landscape Professions and Business, section 671.525, read October 9, 2026
- Oregon Legislature, Oregon Revised Statutes chapter 401, Emergency Management and Services, sections 401.960 to 401.970, read October 9, 2026