Thursday, June 14, 2012

Oregon Construction Lien Filing

How to Be Sure You Are Within Your Lien Rights in Oregon




Filing your construction lien in Oregon can be a very straightforward process, provided all of the requirements are met.  Oregon requires that everyone entitled to file a lien must be registered in the state.  Without this registration, your lien claim may not be valid.  Additionally, only work or labor relating to the project that has already been done can be liened.  A written contract is not required to file, as long as there exists some form of acknowledgment by the owner that the project is taking place.


Preliminary Notice Requirements:  Prime contractor must serve an Information Notice on the owner.  This notice makes the the owner aware of all subcontractors working on the project.  All lower tier claimants must serve a Notice of Right to Lien on the owner and contractor for residential projects.  On private projects, only materialmen must serve the Notice of Right to Lien.


Filing the Lien: The lien must be recorded within 75 days after completion of construction.  A copy of a statement of account must be attached for filing.  This can be an invoice or an accounting report.  This time limit can only be extended if the additional work done is in the contract.  Within 20 Days of filing, the lien must be served on the owner via certified mail.

Action must be taken within 120 days after recording or the lien will expire.











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