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Can we file a lien on a project in Portland OR

Good morning. We have not received our final payment for a project that we did in Portland OR. We were last on site around Jan 31. 2020. The GC is stating that the Owner is responsible and the Owner is stating that the GC is responsible for the last payment. We would like to get a lien filed but we are not sure if that is possible or what we should do next as it has been over 75 days since we were last on site. Can you help?

1 reply

Sep 18, 2020

In the state of Oregon, subcontractors and laborers have 8 days to send a notice of right to lien that should be served upon the owner within the 8 days of providing labor/materials on residential projects. In addition, the lien must be filed within 75 days after last labor or materials furnished, or completion of project. Considering it has been over 75 days since you have completed the project, there are a few potential options you can explore to prompt payment. Send the property owner a notice of intent to lien Notices of intent to lien can be extremely effective and helpful in prompting payment. The NOI can serve as a threat to prompt payment. Send to collection If you have an internal or external collections department or partner, sending a claim to them early in the process with all available supporting information may prompt good results. File suit Litigation is generally the last resort, considering it is an actual law suit that can be timely and expensive. Keep in mind, just because there isn't mechanics lien rights to enforce doesn't mean that there isn't a cause of action to pursue: Prompt pay statutes, breach of contract, unjust enrichment, and more may provide avenues to recovery. You likely will find contacting an Oregon construction lawyer will be helpful in navigating the next steps to getting paid. Good luck!

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