Oregon Notice of Right to Lien Form
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Get help filing your Oregon Preliminary Notice
Oregon requires that subcontractors and material suppliers on residential construction or improvement projects send a Notice of Right to Lien to the property owner (and the construction lender, if one exists). This notice must be sent within 8 days after first providing labor or materials. Parties that contract directly with the property owner are not required to send a Notice of Right to Lien. For commercial projects, this notice is only required of material suppliers (including specially fabricated materials) who do not install the materials and do not contract with the property owner.
Others are asking about Oregon Preliminary Notice
Are Notices of Right to Lien a common and standard practice in Oregon?
Sending a Notice of Right to Lien in Oregon is a relatively common practice. This notice is required by law to be sent by subcontractors and suppliers on most residential projects to secure the right to file a lien; if and when a payment problem that arises on the project.
I agree that seeing the term "lien" on any legal document can be unsettling. But keep in mind that a preliminary notice is not any indication of any payment issues or perceived financial problems. Consider it a proactive means to ensure that the company is going to get paid on the project. Some companies generate them for every project, others send them only on projects over a predetermined dollar amount, and some don't send them at all. But as a property owner, there is no cause for concern when a preliminary notice is received.
In fact, besides securing the ability to file a lien if unpaid, it also offers valuable information and points of contact to property owners and general contractors about who is involved on the project, and what they are providing. That way both the owner and GC can ensure that they are getting paid, and requesting a lien waiver when they're paid to ensure that no claims are filed against the property.
Here are some other resources that may help:
Can I still file a lien
Assuming this is a residential project, contractors hired directly by the property owner will need to provide an Information Notice to Owner if the project exceeds $2,000. That notice is given at the time the contract is signed. If the notice is not given, mechanics lien rights won't be available. For commercial jobs, contractors hired directly by the owner won't need to send preliminary notices in order to preserve the right to file a mechanics lien. You can learn the finer details of these notice requirements here: Oregon Preliminary Notice FAQs.
Still, even if mechanics lien rights aren't on the table, other options could lead to payment - like sending invoice reminders or demand letters. Further actions can be useful, too - like the ones discussed here: Can’t File a Lien? Here Are Some Other Options For Recovery.
Preliminary Notice timeline on Emergency Services
Oregon Information Notice to OwnerIf 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 LienA 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 tightFirst, 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
Ask a construction lawyer about a Oregon Preliminary Notice
Other forms to use in Oregon
Oregon County Recorders
Looking to file/record a mechanics lien in Oregon? You'll need to get your Oregon mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Oregon. Click on any county to find more information about how to get your lien recorded in that county.
230 Strand Street
St. Helens, Oregon, 97051
601 State Street
Hood River, Oregon, 97031
phone: (541) 386-1442
513 Center Street, Room 219
Lakeview, Oregon, 97630
225 West Olive Street, Room 201
Newport, Oregon, 97365
phone: 541 265 4121
251 B Street W #4
Vale, Oregon, 97918
555 Court Street (2nd Floor)
Salem, Oregon, 97309
100 S. Court Street Suite 102
Heppner, Oregon, 97836
850 Main Street
Dallas, Oregon, 97338
phone: (503) 623-9217
216 S E 4th Street
Pendleton, Oregon, 97801
phone: 541 278-6236
101 S. River Street, Rm 100
Enterprise, Oregon, 97828
phone: (541) 426-4543 ext. 158
fax: (541) 426-5901
155 N First Avenue M/S 9
Hillsboro, Oregon, 97124-3072
phone: (503) 846-8741