All Claimants — 75-Day Filing Deadline
Under ORS §87.001 et seq., all claimants — including general contractors, subcontractors, and material suppliers — must file their construction mechanic lien within 75 days of the date of completion of the original contract or cessation of work on the project.
The 75-day deadline is measured from project completion or cessation, not from the individual claimant's last furnishing date. This means all claimants on a project share the same filing deadline based on overall project completion.
Construction Mechanic Lien Content Requirements
The construction mechanic lien must include the amount claimed, a description of the property, the name of the property owner, a description of the labor or materials furnished, and the dates of performance.
The mechanic lien must be filed in the office of the county clerk in the county where the property is located. Precision in the property description and claimed amount is essential to the validity of the mechanic lien.
Determining the Completion Date
The 75-day clock runs from the date of completion of the original contract, not from the individual claimant's last day of work. Completion is generally determined by when substantially all work under the prime contract has been performed.
Claimants should monitor the overall progress of the project to determine when the completion date occurs, as this triggers the filing deadline for all parties on the project.
Prerequisite: Notice of Right to a Mechanic Lien
Subcontractors and suppliers must have served their Notice of Right to a Mechanic Lien within 8 business days of first furnishing as a prerequisite to filing a valid mechanic lien. General contractors must have provided the Notice of Right to Mechanic Lien at the time of contracting. Failure to comply with the notice requirement may invalidate the mechanic lien.
Frequently Asked Questions
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.
Is the Oregon deadline measured from last furnishing?
No. Unlike many states, Oregon measures the 75-day deadline from project completion or cessation, not from the individual claimant's last furnishing date.
Where is a construction mechanic lien filed in Oregon?
The mechanic lien must be filed in the office of the county clerk in the county where the property is located.
What must be included in an Oregon construction mechanic lien claim?
The claim must include the amount due, a property description, the owner's name, a description of labor or materials furnished, and the dates of performance.
Must the Notice of Right to a Mechanic Lien be served before filing?
Yes. Subcontractors must have served notice within 8 business days of first furnishing, and general contractors must have provided notice at the time of contracting. This is a prerequisite to a valid mechanic lien.
Related Oregon Resources
Explore other 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 Enforcement Deadlines
Suit within 120 days of mechanic lien filing; public works bond suit between 120 days and 2 years after final completion
Oregon Overview
Return to the main Oregon construction mechanic lien law page