In Oregon, a notice of right to lien is required to secure mechanics lien rights — which are crucial to protecting your payments. The notice of right to lien is a version of the preliminary notice, but some states, Oregon included, have special requirements for sending notices on construction projects. Let’s take a look Oregon’s preliminary notices — the notice of right to lien and the information notice to owner — who should send (and receive) them, what needs to be included, and when and how to send these notices correctly.
Who must send a notice of right to lien in Oregon?
It’s best practice for everyone to send preliminary notices on every project — no matter what state they’re working in. In Oregon, there are two types of preliminary notices: the notice of right to lien and the information notice to owner.
Contractors employed directly by the property owner are required to send an information notice to owner. 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.
All lien claimants without a direct contract with the owner are required to send a notice of right to lien. 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.
What should be included in an Oregon notice of right to lien?
The Oregon notice of right to lien requires some specific language and information. All notices at minimum should include:
- Your name and address
- Name of the property owner
- Complete mailing address of the property
- Name of the person who hired you to contribute to the construction project
- Date you mailed the form
- A short description of the service you intend to provide on the project including any equipment and supplies used
If you’re wondering every last detail that needs to be included, you can save yourself some times by downloading an Oregon notice of intent to lien form here for free.
When do I send a preliminary notice in Oregon?
The information notice to owner must be delivered at the same time as the contract with the owner is signed. The notice of right to lien must be submitted within eight days of first furnishing labor and/or materials on a project.
If you send a notice of right to lien late, it applies to the preceding eight days from the date on which the notice is given. Additionally, failure to give the information notice to owner when one is required may be fatal to a future Oregon lien claim.
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How do I send a preliminary notice in Oregon?
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.
Generally the preliminary notice is considered delivered when sent, if sent by certified or registered mail, return receipt requested. If the notice is personally delivered, it is considered delivered when actually physically received.
It’s always best practice to confirm actual receipt: Oregon statutes are unclear as to whether or not there is any consequence if the notice is refused, and you’re better safe than sorry when it comes to making sure your lien rights are protected.
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.