Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Oregon
Oregon
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Oregon Quick Overview
| Pursuant Code | ORS 87.001 to 87.093 | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | No | |
| OR Statutory Relief | Full Price | |
| Lien Milestone Event | Conditional, check statutes | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice to Owner, Notice of Right to Lien | |
| Prelien Minimum Information | Claimant name and address, property owner name and address, property description, description of labor/materials provided, first date of furnishing, and lien rights statement. | |
| Prelien Minimum Notifications | Property owner (required); Prime Contractor (recommended if not in direct contract). | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Oregon by Role
Parties not in direct contract with the property owner must serve a Notice of Right to Lien within 8 days of first furnishing labor, materials, or equipment to the project. Failure to serve this notice forfeits lien rights.
Possible Exceptions, Special Circumstances, and Caveats in Oregon
Owner Occupied Residential: May limit lien rights unless work was authorized directly by the owner.
Architect/DesignProfessionals: Must provide preliminary notice if not contracted directly with the owner.
Surveying: Must provide preliminary notice if not contracted directly with the owner.
Landscaping: Must provide preliminary notice if not in direct contract with the owner.
General Labor: Must provide preliminary notice if not in direct contract with the owner.
Retainage: No separate notice required for retainage.
Mechanic's Liens in Oregon
In Oregon, a mechanics lien claimant must record a claim of lien within 75 days of either the last day of furnishing labor/materials or the completion of construction, whichever is earlier. Notice of Filing must be provided to the property owner and interested parties within 20 days after recording the lien. A Notice of Intent to Foreclose must also be sent at least 10 days prior to commencing foreclosure action. Foreclosure lawsuits must be filed within 120 days after recording the lien.
Bond Claims in Oregon
For public projects in Oregon, a claimant seeking to pursue a bond claim must first serve a notice upon the public contracting agency and prime contractor within 180 days after the last day of labor, materials, or equipment being provided. Lawsuits to enforce the bond claim must be initiated within two years from the claimant's last furnishing of labor or materials.
Construction Lien Waivers in Oregon
Required Format: Oregon does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Oregon does not require waivers to be notarized.
Oregon does not mandate statutory lien waiver forms. Waivers are handled contractually, and claimants should take care not to waive lien rights unintentionally.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Other Important Construction Links in Oregon
Frequently Asked Questions (FAQs) on Oregon Lien Processes for Contractors
When must a mechanics lien be recorded in Oregon?
A claim of lien must be recorded no later than 75 days after the earlier of the last day labor/materials were provided or the completion of construction.
Is a preliminary notice required on private projects in Oregon?
Yes, on residential projects, a Notice of Right to Lien must be served within 8 days after starting to provide labor or materials. No preliminary notice is required for commercial projects.
What is the deadline to file a lawsuit to foreclose a mechanics lien in Oregon?
A foreclosure action must be initiated within 120 days after the lien was recorded.
Are bond claims required on public projects in Oregon?
Yes. Bond claims must be noticed to the public entity and prime contractor within 180 days after the last day of work or furnishing materials.
Can a late preliminary notice still preserve lien rights in Oregon?
A Notice of Right to Lien served after 8 days is still valid, but lien rights are limited to labor and materials furnished after the notice was served.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
