Oregon mechanics lien law and deadlines
Oregon calls it a construction lien. Record your claim with the county within 75 days, mail notice to the owner and lender within 20 days after that, and file suit within 120 days of recording. Most subs and suppliers also need a notice of right to lien early in the job.
Oregon's mechanics lien rules are the Construction Lien Law, ORS 87.001 to 87.060 and 87.075 to 87.093. A claimant perfects the lien by filing a claim of lien with the county recording officer not later than 75 days after it stopped furnishing labor, materials, or equipment, or 75 days after completion of construction, whichever comes first. A copy goes to the owner and the mortgagee within 20 days of filing. The lien expires unless suit is filed within 120 days after the claim is filed. Before any of that, most subcontractors and suppliers have to send the owner a notice of right to a lien, and that notice only reaches back eight business days.
| Step | Deadline or rule | Statute |
|---|---|---|
| Information Notice to Owner (prime contractor, residential) | Delivered when the residential contract over $2,000 is signed | ORS 87.093 |
| Notice of right to a lien (anyone not hired by the owner) | Any time during the job; covers work from 8 business days before delivery or mailing | ORS 87.021, 87.023 |
| Notice to mortgagee (material suppliers, for priority) | Within 8 business days after delivery | ORS 87.025(3) |
| Claim of lien | Record within 75 days after last furnishing or completion of construction, whichever is earlier | ORS 87.035 |
| Notice of filing to owner and mortgagee | Mail within 20 days after filing, with a copy of the claim | ORS 87.039 |
| Notice of intent to foreclose | At least 10 days before filing suit | ORS 87.057 |
| Foreclosure suit | Within 120 days after the claim is filed (longer only with stated extended payment terms, never past 2 years) | ORS 87.055 |
| Public projects | No lien; payment bond on public improvement contracts over $100,000 ($50,000 for transportation) | ORS 279C.380 |
Who can claim a construction lien in Oregon
ORS 87.010 is broader than many states' statutes. It covers anyone who performs labor on, transports or furnishes material for, or rents equipment used in building an improvement, as long as the work was at the request of the owner or the owner's construction agent. Subcontractors and suppliers hired by the contractor are part of the system too: the notice rules in ORS 87.021 exist precisely for claimants who furnished at someone else's request. Site prep and street work adjoining the lot get a lien on the land. Rented equipment is limited to reasonable rental value, whatever the rental agreement says.
Design professionals are named directly. An architect, landscape architect, land surveyor, or registered engineer who prepares plans, drawings, or specifications at the owner's request, or supervises construction, has a lien under ORS 87.010(5) and (6). Trustees of employee benefit plans also get a lien for unpaid contributions. One exception: no design lien arises for services on an owner-occupied residence ordered by the owner's agent rather than the owner (ORS 87.021(1)).
Notice of right to a lien: Oregon's preliminary notice
If you were not hired directly by the owner, ORS 87.021 requires a notice of right to a lien to the owner of the site. It is Oregon's preliminary notice. You can send it any time during the job, but it only protects labor, material, equipment, and services furnished from eight days before delivery or mailing, not counting weekends and legal holidays. Anything earlier is unprotected. The form is set out in ORS 87.023 and must be followed substantially; it tells the owner, in capital letters, THIS IS NOT A LIEN.
- Commercial exception: a person who performs labor, provides labor and material, or rents equipment on a commercial improvement does not need the notice to perfect a lien (ORS 87.021(3)(b)). A pure material supplier on a commercial job still does.
- What counts as residential: a building occupied or to be occupied by the owner as a residence with no more than four units. Everything else is commercial for this rule.
- Lender notice for suppliers: a material supplier that wants priority over a recorded mortgage or trust deed must also deliver a copy of the notice to the mortgagee within eight business days after delivery (ORS 87.025(3)).
- Practical rule: send it on the day of first delivery. On a 14-week tenant improvement, a supplier that waits until month two has thrown away weeks of lien coverage.
Recording the claim and foreclosing
Under ORS 87.035, the claim of lien is filed with the recording officer of each county where the improvement sits. It states the demand after all credits and offsets, the owner's name if known, who hired you, and a description of the property, and it is verified under oath. Design professionals and benefit plan trustees run their 75 days from completion of construction; everyone else runs from the earlier of last furnishing or completion.
Then three short clocks follow. Within 20 days of filing, mail the owner and the mortgagee written notice with a copy of the claim (ORS 87.039). At least 10 days before suing, deliver a notice of intent to foreclose to the same parties (ORS 87.057). File suit in circuit court within 120 days after the claim was recorded (ORS 87.055). Missing the 20-day or 10-day notices costs you your costs and attorney fees even if the lien survives; missing the 120 days ends the lien. The prevailing party on lien validity and foreclosure recovers reasonable attorney fees under ORS 87.060(5).
Residential work: the Information Notice to Owner
Prime contractors on residential jobs have an extra step. ORS 87.093 requires the original contractor to deliver the Construction Contractors Board's "Information Notice to Owner" when it signs a residential construction or improvement contract over $2,000, or within five days of learning that a smaller contract will exceed $2,000. Skip it and the contractor cannot claim a lien for that contract, and the board can suspend the license or impose a civil penalty of up to $5,000. The rule does not apply when the owner is itself a CCB-licensed contractor.
Lien waivers in Oregon
Oregon does not publish a mandatory lien waiver form in the Construction Lien Law, so waiver language is set by contract. The statute does require a material supplier, once paid and on demand, to sign a waiver of lien rights for the materials covered by that payment (ORS 87.025(5)). The owner-facing notice in ORS 87.023 also tells owners to get evidence that everyone who sent a notice has been paid or has waived, so expect waiver requests with every draw on residential work.
Public improvements use payment bonds
Public property cannot be liened. Under ORS 279C.380, the contractor on a public improvement contract over $100,000 (over $50,000 for highways, bridges, and other transportation work) delivers a payment bond equal to the full contract price. To claim on it, send a notice of claim by registered or certified mail or hand delivery no later than 180 days after you last provided labor or materials (ORS 279C.605), then sue within two years (ORS 279C.610).
See also Oregon contractor licensing, Oregon prompt payment, and Oregon prevailing wage. With the 8-day lookback, notice timing is a billing-office job, not a legal one. Smart Business Automator flags new jobs that need a notice and tracks first-delivery dates; see construction accounts receivable automation.
Frequently asked questions
How long do I have to file a construction lien in Oregon?
Most claimants must record a claim of lien with the county within 75 days after they stopped furnishing labor, materials, or equipment, or 75 days after completion of construction, whichever is earlier (ORS 87.035).
What is a notice of right to a lien in Oregon?
It is Oregon's preliminary notice. Anyone not hired directly by the owner sends it to the owner (ORS 87.021). It protects only work and materials furnished from eight business days before it was delivered or mailed, so send it at the start of the job.
Do I need a notice of right to lien on a commercial job?
Not if you perform labor, provide labor and material, or rent equipment on a commercial improvement (ORS 87.021(3)(b)). Material-only suppliers still need it.
How long does an Oregon lien last?
120 days after the claim is filed unless you sue to foreclose within that time. Stated extended payment terms can push it out, but never past two years from filing (ORS 87.055).
How do I get paid on an Oregon public project?
Claim against the contractor's payment bond. Send a notice of claim within 180 days after your last labor or materials (ORS 279C.605) and file suit within two years (ORS 279C.610).
Sources
- ORS 87.010, 87.021, 87.023, 87.025: construction liens and notice of right to lien (Oregon Revised Statutes, statute text via oregon.public.law)
- ORS 87.035 and 87.039: perfecting the lien and notice of filing (Oregon Revised Statutes)
- ORS 87.055, 87.057, 87.060: duration, notice of intent to foreclose, foreclosure (Oregon Revised Statutes)
- ORS 87.093: Information Notice to Owner (Oregon Revised Statutes)
- ORS 279C.380, 279C.605, 279C.610: public improvement payment bonds and claims (Oregon Revised Statutes)
- Oregon Legislature: ORS Chapter 87 (official text)
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.