Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.
This is a factually specific matter in that you didn't sign the non-solicit agreement, but the contractor apparently sent you a non-solicit expecting that it was part of the "deal" between you two.
To be sure, non-solicits between contractor/subcontractor are enforceable under Oregon law, and the fact that the contractor has not yet or will not get more business from the customer doesn't necessarily give the subcontractor a right to solicit the unwanted business.
So you are left with what lawyers call "issues of fact" in this matter - does your agreement with the contractor include the non-solicitation even though you didn't sign it as an implied term of the contract. And, second, if it does have an implied non-solicitation, would your attaining a client that the contractor couldn't/wouldn't offer additional services at a specific price be barred by the non-solicit. These questions would go to a trier of fact (a jury usually) if the contractor sued you in the matter. And the problem with that is you'd have to go through an entire lawsuit (about 1.5 years of litigation) before you get to the point of putting these questions in front of a jury.
You were probably seeking yes or no answers on these specific issues. But there simply isn't a clear definite answer in the caselaw, and because there is no clear answer in the caselaw, you'd have to take the matter so far in litigation, you'd probably lose all the money you gained in attaining the client in the first place. The botXXXXX XXXXXne being here - the case isn't so clearly a winner for you that you can take the job with the confidence that you will not get sued and, if you do get sued, the lawsuit will last quite some time and cost quite a bit - even if you win.
My best thoughts for you on handling this are this 1) the more aggressive approach - accept the offer from customer, then if contractor demands you cease and desist - do so; or 2) the conservative approach - tell the customer you cannot do the work at this time - maybe some time in the future when it has not used contractor for a fairly long time, you can do further work for customer.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.