Oregon Claim of Construction Lien Form

In Oregon, the mechanics lien law clearly states who can file a mechanics lien. Those eligible to file a mechanics lien in Oregon include: 1) Any person performing labor upon, transporting or furnishing any material to be used in, or renting equipment used in the construction of any improvement; 2) Any person who engages in or rents equipment for the preparation of a lot or parcel of land, or improves or rents equipment for the improvement of a street or road adjoining a lot or parcel of land at the request of the owner of the lot or parcel; 3) Trustees of an employee benefit plan; 4) An architect, landscape architect, land surveyor or registered engineer who, at the request of the owner or an agent of the owner, prepares plans, drawings or specifications that are intended for use in or to facilitate the construction of an improvement or who supervises the construction. Also, if the project requires a written contract, the lien claimant must be licensed in order to file the lien. This post here explains more information about Oregon Mechanics Lien: Oregon Mechanics Lien Guide and FAQs Oregon is one of the may states where the lien law doesn't require a written contract. In these states, contractors and suppliers are generally allowed to file a lien even if they don't have a written contract. As such, the subcontractor may not have a "written contract" with the owner yet presuming the subcontractor has a contract with the general contractor (or someone) on the job, the subcontractor will have lien rights in this case. Here is a post that dives deeper into lien rights in states that do or don't require a written contract: Can You File a Lien Without a Written Contract?

If the property you filed a mechanics lien on has been foreclosed, it'd be wise to contact a local Oregon construction lawyer to see how to best make sure you recover what you're owed. You can begin that search here: Find a Oregon Construction Lawyer. Regarding the effectiveness of the lien claim: Generally, if the name of the party who performed the work should be the name of the claimant on the lien. If the work was provided by a business, then a lien claim for that work should be made under the business' name. If the work was provided by an individual, then the lien claim should likely include that individual's name. And, if there was a mistake on the face of the lien, that could result in the lien claim being rendered invalid and unenforceable. But again - consulting with an Oregon lawyer would be useful for determining the validity of the lien and where that claim stands after a foreclosure has taken place.

The deadline to file an Oregon mechanics lien is 75 days after the last date of furnishing labor or materials to the project, or completion of the project; whichever is earlier. Unfortunately, it seems that your window to file a mechanics lien has passed. As far as legal recovery options at this point, they may be limited to a lawsuit based on breach of contract and unjust enrichment. Depending on the amount of money in dispute, you may be able to file in an Oregon small claims court; which is limited to claims of $10,000 or less. In any case, before proceeding with any legal action, you may want to consult with your attorney to discuss your options. For future projects, this article will prove useful:

• How to File an Oregon Mechanics Lien | A Step-by-Step Guide to Get You Paid