My project is in Oregon, but the contract with supplier is governed by CA law. Now I need a partial lien waiver from my supplier, which state form lien waiver should I use? Oregon or CA?

2 years ago

My purchase agreement with my supplier is governed by CA law. Supplier shipped some of my purchases to Oregon, where my project is located. Now I need a partial lien waiver from Supplier as my bank requested. Which state lien waiver form should I use? Oregon or CA?

Senior Legal Associate Levelset

This is a great question, and one we get fairly often at zlien. Because lien rights are rooted in the underlying property, the applicable lien waiver rules will be determined by the location of the property where lien rights are being waived. For materials supplied in Oregon, lien waivers must abide by Oregon’s (relatively relaxed) lien waiver laws. For materials supplied in California, California’s lien waiver rules will apply. California’s waiver laws are particularly strict, so be sure to use the statutorily required forms found in § 8132- § 8138 of the California mechanics lien statute when sending California waivers.

| 0 Upvotes
Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now