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Oregon Construction Lien Guide

Oregon Construction Lien Guide

Oregon mechanics lien law is governed by ORS §§ 87.001–87.093.


If you provide labor, materials, equipment, or professional services that improve real property in Oregon and are not paid, this guide explains how to protect your lien rights. Oregon has strict notice rules for residential projectsand missing them can completely void a lien.


Keep in mind that Oregon Mechanics Lien, Construction Lien and Claim of Lien can be used interchangeably.

LET’S LEARN THE BASICS OF OREGON CONSTRUCTION LIEN

⭐ Who Can File a Mechanics Lien in Oregon?


Oregon grants mechanics lien rights to:

  • General contractors

  • Subcontractors

  • Sub-subcontractors

  • Material suppliers

  • Equipment rental companies

  • Laborers

  • Architects, engineers, surveyors, and other design professionals

However, certain claimants must send a notice before filing a lien, depending on the project type and their role.

⭐ Oregon Lien Deadlines (Critical)


LIEN IT OR LOSE IT!


All Oregon mechanics lien deadlines are calculated from the claimant’s last date of furnishing labor, materials, equipment, or professional services to the project. This date is critical because it controls both the deadline to record the lien and the deadline to enforce it, and Oregon courts apply it strictly.


Missing a lien deadline in Oregon results in a complete loss of lien rights, with no extensions, grace periods, or equitable exceptions.


Deadline #1: Residential Notice of Right to a Lien


On owner-occupied residential projects, Oregon requires certain subcontractors and suppliers to serve a Notice of Right to a Lien within 8 days of first furnishing work. Missing this deadline permanently bars lien rights, regardless of nonpayment.


Deadline #2 — File the Oregon Mechanics Lien


An Oregon mechanics lien must be recorded:


        Within seventy-five (75) days after the claimant last furnished labor, materials, or services


This deadline applies to all claimants. Late liens are void. The lien is recorded with the County Clerk in the county where the property is located.


Deadline #3 — Enforce the Oregon Mechanics Lien


An Oregon mechanics lien must be enforced by filing a lawsuit:


       Within one hundred twenty (120) days after the lien is recorded


Failure to enforce within this period causes the lien to expire automatically.


⭐ Oregon Notice of Intent to Lien


For owner-occupied residential projects(one-to-four residential units), Oregon requires a Notice of Right to a Lien. A copy must be served on owner and GC via personal service, registered or certified mail.


Who Must Send an Oregon Notice of Intent to Lien?


In Oregon, anyone who does not have a direct contract with the owner needs to send an Oregon Notice of Intent to Lien. Such as:

  • Subcontractors

  • Material suppliers

  • Equipment suppliers

  • Design professionals

Who Must Send an Oregon  Notice of Intent to Lien?


In Oregon, anyone who does not have a direct contract with the owner needs to send an Oregon Notice of Intent to Lien. Such as:

  • Subcontractors

  • Material suppliers

  • Equipment suppliers

  • Design professionals

Who DOES NOT need to send an Oregon  Notice of Intent to Lien?

  • General contractors with a direct contract with the owner

  • Claimants working on commercial projects

  • Claimants on non-owner-occupied residential property

Oregon Notice of Intent Deadline:


The Notice of Right to a Lien must be delivered:


     Within eight (8) days of first furnishing labor, materials, or services


This is one of the shortest notice deadlines in the country.

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