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Does a "Unknown" Sub Contractor have the right to put a mechanics lean on Oregon property

OregonMechanics Lien

Received "Notice to file lean" from a contractor. I had never heard of this contractor, certainly had not hired him. Turns out, my contractor had hired him, without my knowledge to do some work. There was a disagreement about the job between them and now I am in the middle of it. Does the "Unknown" contractor have the right to file a lean ? Thank you Keith Bishop

1 reply

Aug 17, 2020

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?

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