WHY send Preliminary Notice in Oregon?
The short answer: It’s best practice (and sometimes you have to).
The long answer: Submitting a preliminary notice is a key step to protecting lien rights and even promotes good working relationships.
Keep in mind:
- Best practice is to submit preliminary notice for all projects!
WHO must send a preliminary notice in Oregon? And to whom?
The short answer: It is best practice for all parties involved on a project to submit preliminary notice in Oregon.
The long answer: Oregon has two different types of preliminary notice. Contractors employed directly by the property owner are required to send an Information Notice to Owner. All lien claimants without a direct contract with the owner are required to send a Notice of Right to Lien.
Keep in mind:
- A Notice of Right to Lien should be sent to the property owner, the mortgagee, the general contractor, and any party with a prior recorded interest in the property to fully protect the rights of the lien claimant.
- The Information Notice to Owner usually only needs to go to the owner; but if the property is sold within 75 days, it should be given to the purchaser as well.
WHAT is included in an Oregon Preliminary Notice?
The short answer: All the details!
The long answer: The Oregon preliminary notice forms require specific language and information. Save yourself some time by downloading the forms here for free!
Oregon Information Notice to Owner Template and Fact Sheet
Oregon Notice of Right to Lien Template and Fact Sheet
WHEN do I send a preliminary notice in Oregon?
The short answer: Within 8 days.
The long answer: The Oregon Notice of Right to Lien is required to be submitted within 8 days of first furnishing labor and/or materials on a project. The Information Notice to Owner must be delivered at the same time as the contract with the owner is signed. If you send a Notice of Right to Lien late, it applies to the preceding 8 days from the date on which the notice is given. Failure to give the Information Notice to Owner when required is fatal to an Oregon lien claim.
Keep in mind:
- There are some specific requirements regarding the price threshold for submitting an Information Notice to Owner. See our Oregon Preliminary Notice FAQ page for details.
- Generally the preliminary notice is considered delivered when sent, if sent by certified or registered mail, return receipt requested. It is considered delivered when actually received if personally delivered.
HOW do I send a preliminary notice in Oregon?
The short answer: Mail it with care.
The long answer: Both the Notice of Right to Lien and the Information Notice to Owner may be served by either personal delivery, or by registered or certified mail, return receipt requested. The Information Notice to Owner may also be sent by first class mail as long as a certificate of mailing is provided.
Keep in mind:
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Best practice is to confirm actual receipt because the Oregon statutes are unclear as to whether or not there is any consequence if the notice is refused.