It’s not always easy to receive the gold you’ve earned in the Beaver State. Oregon, like all other states, has mechanics lien laws to help construction workers and suppliers like you get paid. Like all other states, Oregon mechanics lien and Oregon construction lien laws are also confusing and complicated. So you need to know how the law works to be able to properly file a Oregon lien and protect your right to be paid. Here are 5 things you need to know about the Oregon lien laws as reported to NLB busy our network of Oregon construction attorneys and Oregon construction lawyers to successfully file your next lien.
WHO CAN FILE A OREGON MECHANICS LIEN
Generally, every state has laws that limit who can file a mechanics lien and a payment bond claim, and Oregon liens are not the same to perfect. You need to know how and when to take the required steps. The pre-lien or preliminary notice requirements are different for each state on Private, Public, and Federal Projects. When you send the notice to the owner, preliminary notice, or pre-lien notices are also different for a supplier, sub, GC, or design professional.
SCHEDULE A NO-COST INITIAL CALL WITH NLB’S GENERAL COUNSEL TO GET STARTED
National Lien & Bond professional lien providers and Oregon construction lawyers have helped subs and suppliers get paid on over 26,000 projects since 1986. NLB is here to help you learn what steps you need to take and when to send a notice or lien to secure your job funds on every project.
When you download a summary that may not be current or the deadlines and steps are confusing to follow. NLB offers every sub and supplier the ability to get answers you need to get paid!
You are invited to set up an appointment with general counsel to discuss the details of how and when to take the steps you need to get paid on every project Click Here.
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NOTICE OF RIGHT TO LIEN
Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic’s lien, often referred to as the “Preliminary Notice”. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice to the construction lender. The Preliminary Notice timing shown is not always mandatory but will afford maximum protection for liens.
This notice may be served when you begin supplying materials to the project. If you miss the statutory date, you may in some states still serve the notice to capture remaining funds as state law typically bit not always provides. Notice (Statutory Form) to owner, contractor, construction lender & person with whom the claimant has contracted within a date certain from the time you began work, or in some times before you start and in others when you completed work.
The notice may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you need to provide proof of this service by affidavit and proof of mail delivery. The notice typically includes a description of the work or goods you will provide, the estimated total price of the work or goods you will provide, and the statutorily required statement.
PREPARING THE OREGON MECHANICS LIEN
Every mechanics lien typically must contain the owner’s name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed. The lien may also include other statutorily required statements and best practices require a lien to be prepared by a lawyer in the project state.
FILING AND SERVING THE OREGON MECHANICS LIEN
According to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder’s office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties. If you file a lien, you may in several states need to provide proof of this service by affidavit and proof of mail delivery.
FINAL THOUGHTS
Even if circumstances change, it is never too late to start a dialogue with the owner and GC Click Here to set up an appointment with general counsel to discuss the details of your initial consultation. If you properly perfected all the required steps you can likely start a foreclose action on the lien, sue the surety on a bond or sue for collection and other remedies. Property owners and competing creditors may try to block your path, but if you followed the law, you will have placed yourself in a strong secured position against your adversaries. To learn how to secure all your receivables Click Here to set up an appointment with general counsel to discuss the details of securing your company’s entire receivables on private public and federal construction projects both in the USA or around the world.
Frequently Asked Questions
Does Oregon require a preliminary notice before filing a mechanics lien?
Yes — Oregon has two notice requirements. (1) Under ORS § 87.021, material suppliers and equipment lessors must serve a Notice of Right to Lien on the property owner within 8 BUSINESS DAYS of first delivery — Oregon's 8-day window is the shortest preliminary notice in the U.S. (2) Under ORS § 87.093, the original contractor on a residential project must give the owner an Information Notice to Owner before commencing work. Missing the 8-day Notice of Right to Lien permanently bars lien rights for the work furnished before notice was served.
What is the deadline to file an Oregon mechanics lien?
Under ORS § 87.035, the Claim of Lien must be filed with the county clerk in the county where the property is located within 75 DAYS after the date of substantial completion of the work of improvement or after the date the claimant last furnished labor or materials, whichever is EARLIER. Oregon's 75-day window is shorter than most states' 90-180 days. The deadline runs from substantial completion OR last furnishing — claimants must track BOTH dates and act on the earlier.
What is the deadline to file an Oregon mechanics lien foreclosure suit?
Under ORS § 87.055, the foreclosure action on an Oregon mechanics lien must be commenced in circuit court within 120 DAYS after the date of filing the Claim of Lien. The 120-day window is significantly shorter than most states' 1-2 year foreclosure deadlines — Oregon demands fast action after lien recording. Failure to file within 120 days extinguishes the lien automatically by operation of law. The deadline cannot be tolled or extended.
What is the Oregon Information Notice to Owner?
Under ORS § 87.093, original contractors on residential construction or improvement projects (other than commercial) must give the property owner an Information Notice to Owner BEFORE commencing work. The notice must explain in plain language the owner's rights and responsibilities related to construction liens and other claims. Failure to provide the Information Notice does not automatically bar the GC's lien rights, but it creates affirmative defenses and may bar certain remedies. The Information Notice is separate from the sub-tier 8-day Notice of Right to Lien.
What contents are required on an Oregon Claim of Lien?
Under ORS § 87.035(3), the Claim of Lien must contain: (1) a true statement of the claim; (2) the name of the owner or reputed owner; (3) the name of the person who employed or hired the claimant; (4) a description of the labor or materials furnished; (5) the dates of first and last furnishing; (6) a description of the property sufficient for identification; (7) the amount of the claim after deducting credits; (8) verification by the claimant under oath. Defective Claims of Lien are unenforceable under Oregon law.
Who can file an Oregon mechanics lien?
Under ORS § 87.010, mechanics lien rights belong to: (1) original contractors with the owner; (2) subcontractors at every tier; (3) material suppliers furnishing to the original contractor or to subcontractors; (4) equipment lessors; (5) architects, engineers, and other design professionals; (6) laborers in some circumstances. Each claimant type has slightly different notice and content requirements — verify with Oregon construction-payment counsel before filing. Material suppliers face the strict 8-day Notice of Right to Lien deadline under § 87.021.
How does National Lien & Bond help with Oregon mechanics liens?
National Lien & Bond files Oregon mechanics liens for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Oregon-jurisdiction matters, NLB connects unpaid contractors with vetted Oregon construction-payment attorneys who handle the 8-day Notice of Right to Lien service under ORS § 87.021, the 75-day Claim of Lien filing under § 87.035, and the 120-day foreclosure suit under § 87.055. NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Oregon lien losses — particularly the strict 8-day Notice deadline. Contact NLB for a free initial consultation.