Is it okay if I send the Oregon Information Notice to Owner after I start a project?

2 years ago

In my line of business, I get the call to start a new project and I’m on the job site day-of. We don’t have time to mail the Oregon “Information Notice to Owner” prior to being on the job site. If I order my notice as a rush in zlien and get it out as soon as possible, have I still lost lien rights if I’ve already gone on site? What do you recommend for protecting my rights?

Senior Legal Associate Levelset
355 reviews

For Oregon notices, generally, the notice is considered delivered when sent, if sent by certified or registered mail, return receipt requested. Under § 87.093(2)(b) of the Oregon mechanics lien statute, the Information Notice to Owner Form must be delivered at the time of signing a residential construction or improvement contract with the owner. Because the notice must be “delivered” at the time of signing the contract, and because one of the prescribed methods for delivery is “by registered or certified mail or by first class mail with certificate of mailing,” it follows that this delivery is likely effective upon mailing. However, under §87.093(3), this notice may also be hand delivered at the time of contracting which would seemingly be a safer route.

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