Oregon Information Notice to Owner Form

It sounds like you might be referring to either Oregon's Information Notice to Owner or the Notice of Right to Lien. Though, it's worth clarifying the timeline for sending those notices. If these weren't the notices you were referring to, feel free to contact one of these Oregon construction lawyers for additional clarity: Find a Oregon Construction Lawyer. Or, you can post additional information below. For the basics on Oregon's preliminary notice requirements: Oregon Preliminary Notice Guide and FAQs.

Oregon Information Notice to Owner

If you're hired directly by the property owner, an Information Notice to Owner will be required on owner-occupied residential projects exceeding $2,000. The notice should generally either be included right in the contract itself, or sent within 10 days of signing the contract. If the project was originally supposed to be less than $2,000, but then exceeds that threshold - notice must be given within 5 days. But, to avoid that issue, it's better to simply provide the notice on all owner-occupied residential jobs.

Oregon Notice of Right to Lien

A Notice of Right to Lien is required for parties hired by someone other than the owner on an owner-occupied residential project. The notice is also required for suppliers & specialty material manufacturers on commercial jobs. This notice must be sent within 8 days of beginning work.

What to do when notice timelines are tight

First, note that neither notice is required days before the project begins. Still, the timelines are tight. For the Information Notice to Owner, it might be wise to either make that a part of the form contract being used, or to carry blank copies of the notice to execute along with the contract, separately. Still, even if that's not done, there are a few days to get that sent. For the Notice of Right to Lien, there's a little more flexibility since it isn't sent until after work begins. Still, having the notice ready to go right when work begins could avoid potential pitfalls. In any event, here are free, downloadable templates for both notices which might come in handy: - Oregon Information Notice to Owner Form - Oregon Notice of Right to Lien Form

Oregon's Notice to Owner preliminary notice must be sent within 8 days of first furnishing labor or materials for full mechanics lien protection. Keep in mind, though - this notice will preserve lien rights for the 8 days before the notice was sent, as well as all the work done afterward - regardless of when the notice is sent. So, even if notice could be sent based on when plans are given - the vast majority of work would still be covered when notice is based on the first furnishing of materials, equipment, labor, etc. With that being said, keep in mind that the preparation of plans, drawings, or specs will generally only be lienable work for architects, landscape architects, land surveyors, and registered engineers in Oregon. So, if you aren't performing that kind of work, then the first furnishing date would likely be the first date when on-site work or material delivery occurs. Still - if notice is sent based on when some services have begun, that'd be unlikely to be considered "early." And, sending notice based on when plans, specs, etc. are provided would likely be sufficient. For more discussion on Oregon preliminary notices: (1) Oregon Preliminary Notice Guide and FAQs; and (2) Everything You Need to Know about Oregon Notice of Right to Lien and Information Notice to Owner.

If preliminary notice was correct and proper, when sent - then there's generally no need to revise that preliminary notice throughout the life of the project. This is true even if there are significant changes during the course of work. Further discussion here: Is it OK to Send Revised Preliminary Notices? Does it Affect My Deadlines? Now, if a separate contract was entered into, then that could create a situation where additional notices might be necessary. Ultimately, though, the Washington mechanics lien statute doesn't provide much insight into situations like this - unfortunately, statute can't cover every possible scenario on a construction site. For more information on Washington's notice requirements: Washington Mechanics Lien Guide and FAQs.