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Are design plan sets considered materials for the purpose of filing a pre-lien

We typically delivery a plan set (scope of supply and design submittal) to our customer long before delivering labor or materials. However, we haven't been filing our pre-liens until we first drop the materials. Should we be filing the pre-lien based on the date that we deliver th plan sets?

1 reply

May 14, 2020

Oregon's Notice to Owner preliminary notice must be sent within 8 days of first furnishing labor or materials for full mechanics lien protection. Keep in mind, though - this notice will preserve lien rights for the 8 days before the notice was sent, as well as all the work done afterward - regardless of when the notice is sent. So, even if notice could be sent based on when plans are given - the vast majority of work would still be covered when notice is based on the first furnishing of materials, equipment, labor, etc. With that being said, keep in mind that the preparation of plans, drawings, or specs will generally only be lienable work for architects, landscape architects, land surveyors, and registered engineers in Oregon. So, if you aren't performing that kind of work, then the first furnishing date would likely be the first date when on-site work or material delivery occurs. Still - if notice is sent based on when some services have begun, that'd be unlikely to be considered "early." And, sending notice based on when plans, specs, etc. are provided would likely be sufficient. For more discussion on Oregon preliminary notices: (1) Oregon Preliminary Notice Guide and FAQs; and (2) Everything You Need to Know about Oregon Notice of Right to Lien and Information Notice to Owner.

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