Oregon Preliminary Notice Guide and FAQs

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Oregon Preliminary Notice FAQs

About Oregon Preliminary Notice

Oregon Preliminary Notice Rules
At a Glance


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Preliminary Notices Are Required

Oregon lien laws require GCs to send informational notices to owner at the time of contract on residential projects, while subs and suppliers must send preliminary notices within 8 days of beginning work.


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DAYS
GCs Must Send Notice

Information Notice to Owner at the time of contract execution for residential projects for projects in excess of $2,000. If the project starts smaller but then exceeds $2,000 the notice must be sent within 5 days from learning the project would exceed that amount.


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DAYS
Subcontractors Must Send Notice

Notice of right to lien served on owner (and lender, if any) within 8 days of providing labor/materials on residential projects. While not specifically required, it is best practice to send the preliminary notice of right to lien on commercial projects, as well.


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DAYS
Suppliers Must Send Notice

Notice of right to lien served on owner (and lender, if any) within 8 days of providing labor/materials on residential projects. While only some material suppliers are required to send notice on commercial projects, it is best practice for all suppliers to send the preliminary notice of right to lien on all commercial projects, as well.


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Whether Notice Can be Sent Late Depends on Notice

Preliminary notice of right to lien CAN be given late. If the notice of right to lien is given late, it relates back 8 days from the date on which the notice is given.

Information notice to owner CANNOT be given late. The failure to give the information notice to owner when required is fatal to an Oregon lien claim.


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Send to Owner (and Mortgagee and Other with Interest)

The information notice to owner must only be provided to the property owner in Oregon.

The preliminary notice of right to lien must be provided to the property owner, the mortgagee, and to be fully protected, any other party with a recorded security interest in the property (if any).

Preliminary notice not required in WV
Preliminary Notice Not Required.

Oregon does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.


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N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


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Notice Not Required from Subs

Oregon does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.


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Notice Not Required from Suppliers

Oregon does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.

Oregon has the distinction of having extremely quick preliminary notice deadlines. Other than situations in which preliminary notice must be contained within a contract (Oregon has this, too), or delivered prior to furnishing labor or materials, Oregon takes the cake for short deadlines.

It’s imperative to get preliminary notice out quickly. As noted above, Oregon has the shortest preliminary notice deadline in the country. For any project participants other than parties who contracted directly with the property owner, preliminary notice (also known as a Notice of Right to Lien, in Oregon) on a residential project, must be sent within 8 days of first furnishing to the project. This is very, very quick, and a project participant who doesn’t have all their duck in a row can see that deadline fly by before they know it.

On commercial projects, the only parties specifically required to provide preliminary notice are material suppliers (including specially fabricated materials) who did contract directly with the property owner and who did not also install the materials delivered. However, it is generally advisable for all potential lien claimants to file this Notice of Right to Lien in order to most fully protect their rights. The deadline to deliver this notice is also 8 days from first furnishing labor or materials to the project.

For parties that do contract directly with the property owner, the only preliminary notice requirement is for residential projects. When working on a residential project exceeding $2,000, general contractors must deliver an Information Notice to Owner at the time of signing the contract with the owner, or within 5 days of the date of when the contractor knows that the contract will exceed $2000. The form of this notice is specifically set out by the contractor’s board, and the template must be used.

Preliminary Notice Frequently Asked Questions

If you're working on projects Oregon, you may need to send preliminary notice. And if you need to send preliminary notice in Oregon you need to have all the details down because those notices must be sent quickly. If you're receiving prelims, it's important to know what you're looking at and know what to do in followup. Since prelims are subject to a lot of complex rules and requirements, in Oregon, and the deadlines are so quick, this can all be difficult. Here are some frequently asked questions (and answers) about the Oregon preliminary notice process.

Prelim FAQs on Private Projects

Do I Need to Send a Oregon Preliminary Notice?

It depends.

For owner-occupied residential projects (4 or fewer units), there are two notices potentially required: 1) Notice of Right to Lien, and 2) Information Notice to Owner. The Notice of Right to Lien is required to be sent by all lien claimants without a direct contract with the owner. The Information Notice to Owner is required to be given by any contractor employed directly by the owner when the contract is (or becomes) greater than $2000.

For commercial projects, the only parties required to provide preliminary notice are material suppliers (including specially fabricated materials) who do not have a direct contract with the property owner and who did not also install the materials delivered. However, it is generally advisable for all potential lien claimants to file this Notice of Right to Lien in order to most fully protect their rights.

Note, however, that a Notice of Right to Lien is not required to the extent that the lien claimant only wishes to seek a claim for his or her labor.

When do I Need to Send a Oregon Preliminary Notice?

Prime Contractor Notice: those parties with a direct contract with the property owner (potentially subject to some exclusions) must provide a notice either in the contract or within 10 days of beginning work.

Notice of Right to Lien (both residential and commercial) must be given during the improvement, but no later than 8 business days after the date of first furnishing labor and/or materials to the project.

Information Notice to Owner must be delivered at the time of signing the construction contract with the owner. However, if the contract is for less than $2000 originally, and then exceeds the $2000 threshold, the notice must be delivered within 5 days of the date on which the contractor knows or reasonably should know that the contract will exceed $2000.

What if I Send the Oregon Preliminary Notice Late?

If the Notice of Right to Lien is given late, it relates back 8 days from the date on which the notice is given. If the notice is never given, the lien claimant may only claim a lien for the cost of his or her labor (and only if the labor and materials are segregated).

The failure to give the Information Notice to Owner when required is fatal to an Oregon lien claim.

How Should the Oregon Preliminary Notice be Sent?

Both the Notice of Right to Lien and the Information Notice to Owner may be served by either personal delivery, or by registered or certified mail, return receipt requested. The Information Notice to Owner may also be sent by first class mail as long as a certificate of mailing is provided. For both types of notice, it is unclear in the Oregon statutes if there is any consequence if the notice is refused. Therefore, it is best practice to confirm actual receipt.

Do I Have to Send the Oregon Preliminary Notice to Someone Other than the Owner?

The Notice of Right to Lien must be given to the property owner, the mortgagee, and any party with a prior recorded security interest in the property to fully protect the rights of the lien claimant. It is also advisable to provide the notice to the general contractor.

The Information Notice to Owner must only be provided to the owner, unless the property is sold within 75 days of the completion of the construction. In that case, the notice should also be given to the purchaser.

Is the Oregon Preliminary Notice Requirement met when sent or delivered?

There is some confusion here. Generally, the preliminary notice is considered delivered when sent, if sent by certified or registered mail, return receipt requested. It is considered delivered when actually received if personally delivered.

Public Jobs

Do I Need to Send a Oregon Preliminary Notice?

No. Oregon does not require preliminary notice to preserve rights on public projects. Any party, however, may send notice if they so desire.

When do I Need to Send a Oregon Preliminary Notice?

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What if I Send the Oregon Preliminary Notice Late?

N/A

How Should the Oregon Preliminary Notice be Sent?

N/A

To Whom Must the Oregon Preliminary Notice be Given?

N/A

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Oregon Preliminary Notice Form Template

The Oregon preliminary notice forms are regulated by statute. For the information notice to owner, there is a specific form template created by the contractor’s board that must be followed. For preliminary notice of right to lien, it doesn’t necessarily have to look some specific exact way, but there is required information that must be included on the document. The forms provided here for free by Levelset are compliant with the Oregon rules. You can download them for free, or use our system to send or request them easily.

Oregon Information Notice to Owner Form - free from

Oregon Information Notice to Owner Form

Parties contracting directly with the property owner, on any residential project or residential improvement priced at more than $1000, are required by the Board of...

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Oregon Notice of Right to Lien Form - free from

Oregon Notice of Right to Lien Form

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...

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