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Which holds more weight in a Lien, a fixed price contract or a full price state?

OregonMechanics Lien

I am needing to claim a lien in Oregon. I see it is a full price state. Does that fact take precedence over a fixed price contract with the client/homeowner? I need to know so that I can list the correct amount unpaid when I file the lien.

1 reply

Jun 21, 2018
Determining the appropriate amount of a lien can be challenging on the surface, but it's certainly doable. As mentioned above, Oregon is a "Full Price" state. This merely means that, regardless of what payments have been made to the contractor, a lien can be filed by a contractor, subcontractor, supplier, or other down the chain party for the total amount owed to the claimant. For example, if a homeowner has paid the GC in full but a subcontractor is still owed payment, that subcontractor may file a lien for the total amount they're owed even though an owner has already paid that amount to the GC. This differs from "Unpaid Balance" states - in those states, a subcontractor or supplier's mechanics lien merely secures the amount of money a property owner has not yet paid to the general contractor. Of course, a general contractor in an Unpaid Balance state will still be able to file a lien for their total unpaid balance. Because Oregon is a Full Price state, the determination of a lienable amount is pretty simple. The amount of an Oregon claimant's lien is merely limited to amounts owed and unpaid "for work done, materials furnished or equipment rented." Thus, regardless of the contract type, the amount is owed and has not been paid may be included in an Oregon lien claim.
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