Oregon Mechanic's Lien Guide

Subcontractors and others not in direct contract with the owner must give a Notice of Right to a Lien to the owner of the site to preserve lien rights (ORS 87.021). The notice may be given at any time during the progress of the improvement, but it only protects the right to a lien for materials, equipment, labor and services provided on or after a date that is 8 days (excluding Saturdays, Sundays and holidays) before the notice is delivered or mailed. To protect all of your work on residential and owner-occupied projects, deliver the notice within 8 days of first furnishing. Note: labor on a commercial improvement, or labor and material for a commercial improvement, does not require this notice to perfect a lien.

Oregon does not require a separate "Notice of Intent to Lien" before recording the claim of lien. Before filing a foreclosure suit, however, the claimant must deliver a written Notice of Intent to Foreclose to the owner and the mortgagee at least 10 days before commencing suit (ORS 87.057). On demand, the sender must provide the owner, within five days, an itemized list of materials and supplies or a statement of the contractual basis for the obligation.

A claim of lien must be recorded with the county recording officer not later than 75 days after the claimant last provided labor, equipment or materials, or 75 days after completion of construction, whichever is earlier (ORS 87.035). The verified claim must state the demand (less credits and offsets), the owner's name, the name of the party who employed the claimant or received the materials, and a description of the property. Oregon is not an unpaid-balance state.

A suit to foreclose the lien must be filed within 120 days after the claim of lien is recorded (ORS 87.055). A lien may not be continued in force longer than two years from the time the claim of lien was filed.