I have a roofing project that i am working on in Oregon which has a roofing consultant acting as the owners architect. We have completed the work but the consultant has rejected some of the installed work. We are attempting to negotiate with the consultant / owner, but it has been 63 days since we were on the job and a lien must be filed at 75 days, and there has been NO Notice of Completion filed on this project. My question is regarding the word "completion". Does completion mean "substantial completion"? Does it mean when we tell the customer the job is finished and send final billing? Is the date of "completion" extended if there is a punch list and work is performed after "substantial completion" of the job? If the punch list is in dispute, and or the owner or owner's architect / consultant has rejected the work and is asking for additional work, is the project considered "completed" even if the punch list work is not yet completed? In the above scenario, is owner's acceptance required for "completion" to be achieved? Would your answers to the above questions be valid for a project with the same conditions but located in California? thanks for your help?
§ 87.045 of Oregon's mechanics lien statute defines when an improvement is complete in Oregon. Under that section completion occurs upon:
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.
As for California: Completion occurs when any of the following events occur, under § 8180-8190 of the CA Civil Code:
Levelset discusses completion in CA here: California Mechanics Lien Law: When Is A California Construction Project Substantially Complete?