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Under Oregon's laws, those who work on your property or provide labor, equipment, services or materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
An Oregon mechanic's lien, also called a contractor lien or construction lien waiver, is a legal tool that allows Oregon contractors, subcontractors, and suppliers/laborers to leverage the value of a property they have done work on to receive the wages they are owed.
Section 87.035 - Perfecting lien; filing claim of lien; contents of claim (1) Every person claiming a lien created under ORS 87.010(1) or (2) shall perfect the lien not later than 75 days after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction, ...
How to File a Mechanic's Lien in Oregon ? Step-By-Step Guide Step 1: Determine if you have the right to file a lien. Step 2: Send notice of right to lien. Step 3: Prepare the lien document. Step 4: File the lien. Step 5: Send notice of lien. Step 6: Secure payment. Step 7: Release the lien.
A judgment lien is created automatically on any debtor property located in the Oregon county where the judgment is entered. For debtor property in another Oregon county, the creditor must record the judgment in the County Clerk Lien Record for the county where the property is located.
You must include a statement of demand, the name of the owners of the property, the name of the person who hired you, a description of the property and a proper verification under oath (notary). ORS 87.035(3)-(4). You must record the lien in the county where the project is located.
The lien must be filed within 75 days of the last day labor was provided or materials furnished.
Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.