Oregon Claim of Construction Lien Form
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Get help filing your Oregon Mechanics Lien
The construction or mechanics lien, known in Oregon as a Claim of Lien, is filed on private construction jobs. Construction liens are available to parties who have performed labor or provided materials to a jobsite, and have not been paid.
Fill out the form on the right to download your Oregon Claim of Construction Lien Form. Use this form to file a lien in Oregon.
Rules and regulations for sending a Oregon Mechanics Lien
Construction Claim of Lien must be filed within 75 days from last providing labor and/or materials to the project. This 75 day period is up, and it is time to file a lien.
After completing the Oregon Claim of Construction Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about Oregon Mechanics Lien
How is "completion" defined for purposes of mechanics lien filing dates
§ 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:
- actual completion
- occupation or use, accompanied with a cessation of labor
- continuous cessation of labor for 60 days
- 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?
Can I still file a lien
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.
Does a "Unknown" Sub Contractor have the right to put a mechanics lean on Oregon property
Ask a construction lawyer about a Oregon Mechanics Lien
Other forms to use in Oregon
Oregon County Recorders
Looking to file/record a mechanics lien in Oregon? You'll need to get your Oregon mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Oregon. Click on any county to find more information about how to get your lien recorded in that county.
230 Strand Street
St. Helens, Oregon, 97051
601 State Street
Hood River, Oregon, 97031
phone: (541) 386-1442
513 Center Street, Room 219
Lakeview, Oregon, 97630
225 West Olive Street, Room 201
Newport, Oregon, 97365
phone: 541 265 4121
251 B Street W #4
Vale, Oregon, 97918
555 Court Street (2nd Floor)
Salem, Oregon, 97309
100 S. Court Street Suite 102
Heppner, Oregon, 97836
850 Main Street
Dallas, Oregon, 97338
phone: (503) 623-9217
216 S E 4th Street
Pendleton, Oregon, 97801
phone: 541 278-6236
101 S. River Street, Rm 100
Enterprise, Oregon, 97828
phone: (541) 426-4543 ext. 158
fax: (541) 426-5901
155 N First Avenue M/S 9
Hillsboro, Oregon, 97124-3072
phone: (503) 846-8741