Oregon Claim of Construction Lien Form

Thank you for reaching out. Check out this Levelset article that may address your question: https://www.levelset.com/blog/bonding-off-mechanics-lien/. I hope you find your answer there, if not, you may visit our attorney directory page for Oregon to find an attorney in your area.

§ 87.045 of Oregon's mechanics lien statute defines when an improvement is complete in Oregon. Under that section completion occurs upon:

• (a) substantial completion;
• (b) when a Notice of Completion is posted and recorded; or
• (c) When the improvement is abandoned

So, going off the first date that occurs is probably the safest and most correct way to calculate completion. And, to be sure, when only minor punch work remains - substantial completion has likely occurred. Granted, the more substantial the punch work that remains, the more likely substantial completion hasn't occurred.

Determining completion in California

As for California: Completion occurs when any of the following events occur, under § 8180-8190 of the CA Civil Code: 

1.  actual completion
2. occupation or use, accompanied with a cessation of labor
3. continuous cessation of labor for 60 days
4. recordation of a notice of completion or cessation of labor

Levelset discusses completion in CA here: California Mechanics Lien Law: When Is A California Construction Project Substantially Complete? 

Assuming this is a residential project, contractors hired directly by the property owner will need to provide an Information Notice to Owner if the project exceeds $2,000. That notice is given at the time the contract is signed. If the notice is not given, mechanics lien rights won't be available. For commercial jobs, contractors hired directly by the owner won't need to send preliminary notices in order to preserve the right to file a mechanics lien. You can learn the finer details of these notice requirements here: Oregon Preliminary Notice FAQs.

Still, even if mechanics lien rights aren't on the table, other options could lead to payment - like sending invoice reminders or demand letters. Further actions can be useful, too - like the ones discussed here: Can’t File a Lien? Here Are Some Other Options For Recovery.