Liens are like a safety net. If you don’t get paid on time, you have the power to make it happen—with a lien. The only way to validly enforce your lien, however, is to discover and educate yourself on your state’s construction lien laws. We’re here to take away the complexity and confusion and give it to you straight. If you work in Oregon and need to know the lien laws, this is the spot for you. Here, we 6break down exactly what the state of Oregon requires for you to properly file a valid construction lien and bond claim.
How to File a Valid Lien in Oregon:
- You must be a Contractor or Subcontractor licensed by the State of Oregon to have lien rights.
- A Place 1* Contractor on a residential project must have “Information Notice to Owner” in their contract with the Owner.
- Place 2* and below Contractors and Material Suppliers on residential projects must send the Owner a “Notice of Right to Lien” within eight (8) days of first work and/or materials supplied.
- Place 2* and below Material Suppliers must send a “Notice of right to lien” to the Owner on all projects within eight (8) days of first supplying materials.
- You must file your lien seventy-five (75) days after the last work has been performed and/or materials supplied or seventy-five (75) days after completion of construction.
- You must send notice of the lien that was filed to the Owner and any Mortgagees.
- You must file suit on your lien within one hundred and twenty (120) days of it being filed and must send notice to the Owner and Mortgagees before the suit is filed. The notice must state that you are going to file suit.
How to Have a Valid Bond Claim in Oregon:
- You must be a Contractor or Subcontractor licensed by the State of Oregon to have bond claim rights.
- A payment bond is required on all public projects over $100,000.
- You must send notice of unpaid amounts to Place 1* Contractors and the Public Authority upon completion of work or after the last materials have been supplied.
- You must file suit to enforce your bond claim within two (2) years after the last work has been completed and/or after the last materials have been supplied.
If you work in Oregon, these rules are in place for your benefit. Do everything you can to follow them as closely as possible to file your documents effectively, and in turn, get the pay you deserve. If you would rather have someone else take care of filing your construction lien or bond claims, and do it the right way, contact a professional Oregon lien lawyer who is experienced with construction law. Our sister company, The Cromeens Law Firm, has a lien and collections team ready to take care of it for you. Your business’s future relies on your ability to collect. Don’t lose your leverage. Take the first step to better protect your business and learn your lien laws!
*The “places” referenced in the rules above correlate to the Construction Food Chain Chart from Karalynn Cromeens’ book,
Quit Getting Stiffed. The chart can be found here to use when following these lien and bond rules.