Oregon Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

About Oregon Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.

The deadline to file a lien in Oregon is the earlier of 75 days after the claimant's last furnishing of labor and/or materials or 75 days after the completion of the project.

No lien for materials or supplies shall have priority over any recorded mortgage or trust deed on either the land or improvement unless the person furnishing the material or supplies, not later than eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010 (Legal holidays), after the ...

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, ...

An original contractor that fails to provide a written contract as required by law, may not place a construction lien against the owner's property. materials, labor, equipment, or services provided to your project from everyone who sends you a Notice of Right to Lien.

In Oregon, construction liens generally need to be recorded within 75 days from the date the project was substantially completed, or 75 days from the date that the lien claimant stopped providing labor, material, equipment, or services, whichever hap- pened first.

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.

What must my claim of lien include? 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.

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Oregon Construction or Mechanics Lien Questionnaire