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OR Notice Requirements

Oregon Notice Requirements

Notice of Right to Mechanic Lien Obligations for Private Works & Public Projects Under ORS §87.001 et seq.

General Contractors — Notice of Right to Mechanic Lien (At Time of Contract)

Under Oregon law, general contractors must provide a Notice of Right to Mechanic Lien to the property owner at the time of entering into the construction contract. While this is not a traditional preliminary notice, it serves as a formal disclosure that the contractor has the right to file a mechanic lien if payment is not made.

This notice is a prerequisite to preserving mechanic lien rights. Failure to provide it at the time of contracting may impair the contractor's ability to file a valid construction mechanic lien.

Subcontractors & Suppliers — Notice of Right to a Mechanic Lien (8 Business Days)

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 to the project. This is one of the shortest preliminary notice deadlines in the United States.

The notice must be sent to the property owner and to the mortgage holder of record. The 8-business-day deadline requires immediate action upon first furnishing and leaves no room for delay.

Public Works — Notice of Claim (180-Day Deadline)

Under ORS §279C.600 et seq., claimants on public works projects must file a Notice of Claim within 180 days of accepting materials or first furnishing labor or materials to the project.

The Notice of Claim must be filed with the public contracting agency. This notice preserves the right to make a claim against the payment bond and is a prerequisite to bond claim suit.

Critical Importance of the 8-Business-Day Notice

Oregon's 8-business-day notice requirement for subcontractors and suppliers is among the strictest in the nation. This means that notice must be served almost immediately upon first furnishing. National Lien & Bond strongly recommends having notice forms prepared in advance and serving them on the first day of delivery or work.

Best Practices for Oregon Notice Compliance

National Lien & Bond recommends preparing Notice of Right to a Mechanic Lien forms before beginning work on any Oregon project. Certified mail with return receipt requested provides the best proof of timely delivery. For general contractors, the Notice of Right to Mechanic Lien should be incorporated into the contract execution process.

Frequently Asked Questions

What notice must general contractors provide in Oregon?

General contractors must provide a Notice of Right to Mechanic Lien to the property owner at the time of entering into the construction contract. This is a prerequisite to preserving mechanic lien rights.

What is the notice deadline for subcontractors and suppliers in Oregon?

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 is one of the shortest deadlines in the nation.

What notice is required for Oregon public works bond claims?

Claimants must file a Notice of Claim within 180 days of accepting materials or first furnishing under ORS §279C.600 et seq. The notice must be filed with the public contracting agency.

Who must receive the Notice of Right to a Mechanic Lien in Oregon?

The notice must be sent to the property owner and to the mortgage holder of record. Both parties must receive the notice within 8 business days of first furnishing.

How should I deliver notice in Oregon?

Certified mail with return receipt requested is recommended. Given the extremely short 8-business-day deadline, National Lien & Bond advises having notice forms prepared in advance and serving them immediately upon first furnishing.

Deadlines Are Unforgiving

Every Day You Wait Is a Day Closer to Missing Your Deadline

Construction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.

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