Oregon Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under ORS §87.001 et seq. — Private Works, Notice of Right to Mechanic Lien & Public Project Bond Claims
Oregon mechanic lien deadline table with toggles for project type and claimant type.
Oregon Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Prime contractors on residential projects for an owner-occupied dwelling must deliver an Information Notice to Owner at the time of signing the construction contract.
Failure to deliver the Information Notice to Owner at contract signing bars the prime contractor's mechanic lien rights on residential projects.
On commercial projects, no preliminary notice is required of a prime contractor in direct contract with the owner.
Record the Claim of Lien with the county recording officer within 75 days after the claimant's last furnishing, or within 75 days after the project is complete, whichever occurs first.
Serve a copy of the recorded Claim of Lien on the owner and mortgagee within 20 days after recording.
Commence a suit to foreclose the mechanic lien within 120 days after recording the Claim of Lien.
Preliminary Notice
Prime contractors on residential projects for an owner-occupied dwelling must deliver an Information Notice to Owner at the time of signing the construction contract.
Failure to deliver the Information Notice to Owner at contract signing bars the prime contractor's mechanic lien rights on residential projects.
On commercial projects, no preliminary notice is required of a prime contractor in direct contract with the owner.
Mechanic Lien
Record the Claim of Lien with the county recording officer within 75 days after the claimant's last furnishing, or within 75 days after the project is complete, whichever occurs first.
Serve a copy of the recorded Claim of Lien on the owner and mortgagee within 20 days after recording.
Enforcement
Commence a suit to foreclose the mechanic lien within 120 days after recording the Claim of Lien.
Oregon Mechanic Lien Law Overview
Oregon construction mechanic lien rights are governed by ORS §87.001 et seq. This statute provides mechanic's lien rights to contractors, subcontractors, and material suppliers who furnish labor or materials for the improvement of real property in the State of Oregon. Oregon's mechanic lien law framework includes distinctive notice requirements that differ significantly from most other states.
Oregon's notice system is unique. General contractors are not required to serve a traditional preliminary notice, but must provide a Notice of Right to Mechanic Lien to the property owner at the time of contracting. Subcontractors and material suppliers must serve a Notice of Right to a Mechanic Lien within 8 business days of first delivering materials or providing services. This notice must be sent to the property owner and to the mortgage holder of record.
All claimants must file their construction mechanic lien within 75 days of the date of completion of the original contract or cessation of work. This is measured from project completion, not individual last furnishing. Enforcement suits must be commenced within 120 days of the date the mechanic lien is filed.
Public works bond claims in Oregon are governed by ORS §279C.600 et seq. Claimants must file a Notice of Claim within 180 days of accepting materials or first furnishing labor or materials. Suit on the bond may not be commenced earlier than 120 days after the notice is filed and must be filed no later than 2 years after final completion of the public improvement. National Lien & Bond provides attorney-backed compliance and recovery services to help Oregon construction professionals navigate these distinctive requirements.
Topics on This Page
Oregon Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Oregon construction mechanic lien law.
Notice Requirements
Notice of Right to Mechanic Lien to owner at time of contract (GC) or within 8 business days of first delivery (subs/suppliers)
Mechanic Lien Deadlines
Mechanic Lien filing within 75 days of completion of the original contract for all claimants
Mechanic Lien Enforcement Deadlines
Suit within 120 days of mechanic lien filing; public works bond suit between 120 days and 2 years after final completion
Frequently Asked Questions
What statute governs mechanic liens in Oregon?
Construction mechanic liens in Oregon are governed by ORS §87.001 et seq. Public works bond claims are governed by ORS §279C.600 et seq.
Is a preliminary notice required to file a mechanic lien in Oregon?
General contractors must provide a Notice of Right to Mechanic Lien to the owner at the time of contracting. Subcontractors and suppliers must serve a Notice of Right to a Mechanic Lien within 8 business days of first delivering materials or providing services.
What is the deadline to file a mechanic lien in Oregon?
All claimants must file their construction mechanic lien within 75 days of the date of completion of the original contract or cessation of work under ORS §87.001 et seq.
How does Oregon mechanic lien law differ from other states?
Oregon has several unique features: the 8-business-day notice requirement for subs/suppliers is one of the shortest in the nation, the 75-day filing deadline runs from project completion (not individual last furnishing), and general contractors must provide notice at the time of contracting.
What are the notice requirements for Oregon public works bond claims?
Claimants must file a Notice of Claim within 180 days of accepting materials or first furnishing. Suit may not commence before 120 days after filing the notice, and must be filed within 2 years after final completion.
What is the deadline to file suit to enforce an Oregon construction mechanic lien?
Suit must be commenced within 120 days of the date the mechanic lien was filed. For public works bond claims, suit must be filed between 120 days after the Notice of Claim and 2 years after final completion.