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Oregon Mechanics Lien Frequently Asked QuestionsOregon Lien Documents are Easy to File with LienItNow.com  What is an Oregon mechanics' lien Claim?In the state of Oregon,
liens filed on private
property are known as
mechanics' liens . On
public projects, Oregon
law does not authorize
construction liens.
Rather, contractors are
protected by payment
bond claims. When an
Oregon mechanics lien
is filed with regard to
work performed on
privately owned
property, it attaches to
and encumbers the fee
simple ownership of
property in the state of
Oregon. Who can file an Oregon mechanics' lien Claim?On private projects,
Oregon law permits
contractors,
subcontractors, material
and equipment suppliers,
architects and engineers
and others to file
Oregon mechanics liens. Are pre-notices for an Oregon mechanics' lien Claim required?Yes, various pre-notices
are required. To
maintain an Oregon
mechanics lien claim,
contractors providing
labor, materials or
rental equipment must
file various pre-lien
notice requirements.
In the case of
residential
construction, all
original contractors (a
contractor with a direct
contract with an owner)
must provide an
“information notice to
owner”. Failure to
provide such
“information notice to
owner” will prevent an
original contractor from
enforcing a claim of
construction lien.
Similarly,
subcontractors, material
and equipment suppliers
who do not have direct
contracts with an owner,
are required to provide
a “pre-lien notice” to
protect their lien
rights on residential
construction projects.
Such “notice of right to
a lien” must be filed
upon the owner within
eight days after
beginning work or
services or first
supplying materials or
equipment in order to
preserve their lien
rights under Oregon law.
For commercial projects,
an original contractor
and all subcontractors
and suppliers do not
need to provide a
“notice of right to a
lien” or any other
pre-lien notice in order
to preserve their lien
rights. However, “notice
of right to a lien” must
be filed by material
suppliers who do not
have a direct contract
with an owner. When should an Oregon mechanics' lien Claim be filed?In the state of Oregon,
a lien must be filed
within 75 days
after the last day
of performing labor or
providing materials
or within
75 days after
the completion of
construction. Under
Oregon law, “completion
of construction” is
determined when the
project is substantially
completed, when a notice
of completion is posted
and recorded as required
by Oregon law, or when
the project is abandoned
as defined by statute. How much does it cost to file a Oregon mechanics' lien Claim?LienItNow.com prepares, files and
serves Oregon
mechanics' liens for a
fee of $250.00. Do I need a written contract in order to file an Oregon mechanics lien claim?No. Oral contracts are
sufficient. How does filing an Oregon mechanics' lien Claim help me get my money?On a private project,
the mechanics' lien places an encumbrance on
the property that makes
it difficult to resell
or re-finance the
property without first
removing the lien. What is an Oregon Stop Notice and why should it be filed
LienItNow.com prepares and serves
Oregon Stop Notices for
a fee of $100.00.
A Stop Notice is a
notification that has
the ability to enhance
the effectiveness of a
mechanic's lien. A Stop
Notice, or a notice to
withhold funds, is sent
to the company that is
financing or funding the
construction funds for a
project. Once that
company receives the
Stop Notice, that
company has notice that
it should withhold
sufficient money to
satisfy the stop notice
claim. The purpose of
the Stop Notice is to
provide the lender,
financiers or funders of
the construction project
notice that there is
money owed to a
contractor,
subcontractor or
supplier so that an
inquiry can be made as
to why that money is not
being paid. What is an Oregon Amendment to a mechanics' lien Claim?LienItNow.com prepares, files and
serves Oregon
Amendments to mechanics' lien Claims for a fee of $225.00. Amendments to a
mechanics' lien claim
are often needed when
something about the
lien claim changes. Common
changes to a lien claim
are increases or
reductions in the amount
due to the lienor, or a
change to the last date
of work. When should an Oregon Discharge of mechanics' lien claim be filed?LienItNow.com prepares, files and
serves Oregon
Discharges of mechanics' lien Claims for a fee of
$75.00. Once the lienor
has been paid the amount
contained in its lien
claim, or has come to an
agreement that requires
the lien claim to be
removed from the
property records, a
Discharge of mechanics' lien Claim should be
filed. How much does it cost to file an Oregon Extension of a mechanics' lien Claim?LienItNow.com prepares, files and
serves extensions of
mechanics' lien Claims
for a fee of $75.00.
All lien claims expire
after a certain period
of time, and filing an
extension of the
mechanics' lien claim
prolongs the expiration
date. Oregon law,
however, does not permit
an extension of
mechanics' lien claims. Can I file a Bond Claim on an Oregon Project?LienItNow.com prepares, files and
serves Oregon Bond Claims for a fee of $250.00. Bond
claims can only be filed
on a project where the
owner, contractor or
subcontractor has
obtained a payment bond
to ensure that every
contractor receives
payment for the work
performed on the
Project. The
payment bonds issued by
sureties for
construction projects
have specific timing
requirements, but most
require claimants to
submit claims against
the bond within sixty to
ninety days from the
claimants' last date of
work. Bond claims
are
more effective than a
lien claim because the
payment bond acts as a
guarantee that payment
will be made for work
properly completed. Do I need to file a Pre-Notice to make a claim against an Oregon payment bond?LienItNow.com prepares, files and
serves Oregon
Pre-Notices for bond
claims for a fee of
$50.00. Depending on
the terms of the payment
bond, pre-notices may or
may not be required.
LienItNow.com recommends that, prior
to or immediately after
starting work or
delivering materials to
a project,
subcontractors and
suppliers, file a
pre-notice that it is a
potential beneficiary of
the construction
project's bond. |
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