Construction
Liens
Explanation of construction liens
Notices required
How consumers
can protect themselves
Contractor responsibilities
f:constructionlienspamphlet/7-16
The purpose of this pamphlet is to inform contractors
and consumers about Oregon’s construction lien laws.
The information in this pamphlet provides general
answers to common questions about construction
liens.
This pamphlet is divided into four sections: “Explanation
of construction liens,” “Notices required,” “How
consumers can protect themselves,” and “Contractor
responsibilities.” Readers are encouraged to review
all sections of the pamphlet to more fully understand
Oregon’s lien laws. This pamphlet should not be
considered legal advice and is not a substitute for
obtaining the advice of an attorney.
Contractors needing assistance providing notices,
ling liens, or obtaining lien priority, should consult an
attorney. Some attorneys specialize in construction
law and may offer classes or publications relating to
liens. To nd a construction law attorney, contractors
may contact construction industry associations, or the
Oregon State Bar Attorney Referral Service at 1-800-
452-7636 or www.osbar.org/public.
Oregon Construction Contractors Board
PO Box 14140
Salem, OR 97309-5052
503-378-4621, Fax: 503-373-2007
Explanation of
construction liens
1
What is a construction lien?
Construction liens have been a part of Oregon’s law for
over 100 years. Under this law, anyone who constructs
improvements on property, supplies materials, rents
equipment, or provides services for improvements has
a right to collect payment from the property if they are
not paid. If the general contractor is not paid or does not
pay the subcontractors, laborers, material suppliers, or
equipment rental companies, those persons may claim
a lien against the property.
What is the purpose of the construction
lien law?
The purpose of the law is to ensure that people are paid
for value that they add to someone’s property. A bank
can reclaim a car if payments are not made. Work done
to real estate, however, is permanent and cannot be
reclaimed. The lien laws protect those persons working
on the property who do not have a contract directly
with the property owner (who contracted only with the
general contractor).
For purposes of the lien law, what is the
difference between a general contractor
and a subcontractor?
Usually, the property owner has a contract with a
general, or original, contractor. The general contractor
then contracts with subcontractors to provide services
such as roong, drywall, plumbing, electrical, painting,
or window installation. The property owner does not
usually hire the subcontractors.
Who can claim a lien?
General contractors, subcontractors, employees,
material suppliers, and equipment rental companies
that do not receive payment can claim liens. Even if
the property owner pays the general contractor in full,
the subcontractors, employees, material suppliers, and
equipment rental companies may not be paid. These
persons and companies may then claim a lien against
the owner’s property.
What are the property owner’s responsibili-
ties to a lien holder?
Property owners can be forced to pay the lien holder
(the person claiming the lien) or face a potential court
order to sell the property for payment.
Property owners can
be liable if the general
contractor does not
pay subcontractors,
employees, materials
suppliers, and
equipment rental
companies.
What information or warnings must be
given to the property owner by the general
contractor?
Any contractor who contracts directly with a residential
property owner or sells a new residence directly to the
owner must provide an Information Notice to Owner
about Construction Liens. Contractors can obtain the
form on the CCB website under Contractor’s Tools-
Notices and Contracts.
What is the purpose of an Information No-
tice to Owner about Construction Liens?
The Information Notice to Owner about Construction
Liens explains Oregon lien law and gives steps that
property owners can take to protect themselves. It
describes the rights and responsibilities of property
owners and general contractors. If a contractor fails
to deliver the notice as required under the law, the
contractor loses the right to claim a lien against the
property.
Who must provide and receive an Information
Notice to Owner about Construction Liens?
A contractor who contracts to construct or improve
residential property, or who constructs and sells a new
residence, must give the owner or buyer the notice.
The notice must be given if the construction contract is
for more than $2,000, or if the sale of a new residence
occurs within 75 days of the completion of construction.
If the property owner who contracts for construction
work is a licensed contractor, the notice does not have
to be given. Note: “residential property” may include
property not occupied by the owner.
What if the contract price is less than
$2,000 but goes over $2,000 during the job?
If the contract goes over $2,000 during construction, the
Information Notice to Owner about Construction Liens
must be mailed or delivered no later than ve days after
the contractor knows that the contract exceeds $2,000.
Notices Required
2
The Information
Notice to Owner about
Construction Liens
explains Oregon lien
law and gives steps
that property owners
can take to protect
themselves.
When, and how does the Information Notice
to Owner about Construction Liens need to
be given?
If there is a requirement for a written contract for
construction, the notice must be given on or before the
date that the contract is signed. The notice contains
signature lines for both the contractor and the property
owner. Delivery must be made personally, by registered
or certied mail, or by rst class mail with a certicate
of mailing.
If the general contractor is the builder-owner and sells
the residence within 75 days of the completion of
construction, the notice must be delivered to the new
owner. It must be given at the time the builder-owner
agrees to sell the property.
Is there other information that owner-
builders must provide when they sell a
house?
While not a notice requirement, under the 2003
Homebuyer Protection Act, a builder-owner must
provide protection for the buyer against lien claims.
The CCB provides a form that the builder-owner should
complete to show how the builder-owner has complied
with the law. The form, Notice of Compliance with the
Homebuyer Protection Act (HPA), is available from the
CCB at www.oregon.gov/ccb or 503-378-4621.
What information or warnings must be given
to the property owner by persons other than
general contractors who may claim a lien?
Subcontractors, employees, material suppliers, and
equipment rental companies usually must provide a
Notice of Right to a Lien to property owners in order
to claim a valid lien if they are not paid. The Notice of
Right to a Lien is available online at www.oregon.gov/
ccb under Contractor Forms.
3
Subcontractors,
employees, material
suppliers, and
equipment rental
companies usually
must provide a Notice
of Right to a Lien to
property owners.
What is the purpose of a Notice of Right to
a Lien?
A Notice of Right to a Lien lets the property owner
know of the possibility that a lien could be placed on
their property by subcontractors, employees, material
suppliers, and equipment rental companies who are
not paid. A Notice of Right to a Lien gives the property
owner the name of the person who ordered the services
or materials. It also gives the name of the subcontractor,
employee, material, equipment, or service provider
and describes the materials, equipment, or services
ordered.
Who must provide and receive a Notice of
Right to a Lien?
Unless the material, equipment, services, or labor were
requested by the property owner, the subcontractors,
employees, material suppliers, and equipment rental
companies provide a Notice of Right to a Lien to the
property owner. If a person provides labor or labor and
materials for a commercial improvement, a Notice of
Right to a Lien does not need to be given. A “commercial
improvement” is a structure or building that is not
intended for occupancy as a residence.
When and how does the Notice of Right to
a Lien need to be given?
The Notice of Right to a Lien may be given at any time
during the construction, but it should be given within
eight working days of the start date of the work or
the delivery date of the materials or equipment. If
the notice was delivered to the property owner on day
nine, then the subcontractor or materials provider would
not be entitled to payment for anything that occurred
on the rst day of the job. The Notice of Right to a Lien
is considered given when it is personally delivered or
mailed.
What is the difference between a Notice of
Right to a Lien and a led lien?
Sending a Notice of Right to a Lien is not the same
as ling a lien claim. The notice protects the right of
the person sending the notice to later le the lien. A
construction lien should be led with the recording
ofcer in the county or counties where the construction
occurred. A lien holder has 75 days after completing
the construction, or ceasing work on the construction, in
which to le the lien. Only liens that have been properly
led can be enforced by a lawsuit in court.
4
Sending a Notice of
Right to a Lien is not
the same as ling a
lien claim.
5
What can I do after receiving an Information
Notice to Owner About Construction Liens
or a Notice of Right to a Lien?
These notices list several ways to protect yourself from
having a lien led on your property:
• One way is to issue joint checks. A check
can be written jointly payable to the contractor
and to the subcontractor, material supplier,
or any other party who gave the property owner
a Notice of Right to a Lien. Be aware that many
banks will not accept checks made payable to
multiple parties unless each party appears at the
bank with government-issued identication at the
time of deposit.
• Another way is to use lien waivers or
releases. Before you make any payments to
your contractor, ask every person who gave
you a Notice of Right to a Lien to provide you
with a signed lien waiver or release. Contact
an attorney for more information on using lien
waivers or releases.
Do I have any additional rights when I
receive a Notice of Right to a Lien?
Yes. A property owner who receives a Notice of Right
to a Lien may send a letter to the person who delivered
the notice demanding:
• a list of materials or equipment, or
• a description of labor or services supplied, or
• a statement of the contractual basis for the
material, equipment or labor, including a
percentage of the contract completed and the
charges incurred.
The person who delivered the notice must respond
within 15 days of receiving the letter (not including
Saturdays, Sundays, or holidays). Failure to respond
does not invalidate the lien, but will result in a loss of any
claim for attorney fees or costs in a lawsuit to foreclose
the lien.
How consumers can
protect themselves
The Information
Notice to Owner
About Construction
Liens and the Notice
of Right to a Lien,
list ways for property
owners to protect
themselves.
6
Can someone le a lien if they have not
provided an Information Notice to Owner
About Construction Liens or a Notice of
Right to a Lien?
Usually, a lien is not enforceable against your property
unless you were given the proper notices. If you are
buying a new or partly-built home, you may not receive
lien notices because the work was done when the
builder-seller still owned the property. It is the builder-
seller who would have received the lien notices. In
this case, a lien may be claimed against the property
even though you did not receive any lien notices. The
Homebuyer Protection Act passed in 2003 may provide
protection in this type of situation (see next question).
Is there a law that protects new home
buyers from liens?
Yes. In 2003, the Oregon legislature enacted a law,
called the Homebuyer Protection Act, to protect new
home buyers from liens led related to construction
work performed before the sale.
The law applies to the sale of a new single family home
(or duplex, triplex, or condominium unit) or to an existing
single family home (or duplex, triplex, or condominium
unit) that was remodeled at a cost of $50,000 or more.
To protect the buyer and comply with the law, the
builder-seller must complete the Notice of Compliance
with the Homebuyer Protection Act (HPA) of 2003 (a
form available from the CCB website). Both seller and
buyer must sign the form and retain copies for their
records. As stated on the form:
The builder-seller must provide protection for the
buyer against claims of lien by:
• Purchasing title insurance;
• Retaining at least 25% of the sales price in
escrow;
• Obtaining lien waivers or releases;
• Obtaining a bond or letter of credit; or
• Waiting to complete the sale after the deadline for
properly ling liens (usually 75 days).
The Homebuyer
Protection Act protects
new home buyers
from liens related
to construction
performed before the
sale.
7
Who is likely to file a lien against my
property?
Liens are usually filed by one of your general
contractor’s subcontractors, employees, material
suppliers, or equipment rental companies, because the
general contractor did not pay for the work performed,
materials supplied, or equipment rented. Your general
contractor may le a lien if you have not paid him or
her.
Is having a lien against my property a
serious matter?
Yes, if the lien is valid and you do not pay the person
ling the lien, you could be legally forced to sell your
property to pay the lien holder.
But I already paid my general contractor.
Does this mean that I will have to pay twice?
Yes, it could mean exactly that. Even though you paid
your general contractor in full, the construction lien
law says that you can still be responsible for bills for
services, labor, material, and equipment rentals.
What should I do if a lien is led against my
property?
Consult an attorney. Lien laws are complicated and
your attorney is your best source of advice.
Can a lien be invalid and, if so, under what
circumstances?
It is possible that a led lien is invalid. The contractor
ling the lien may not have been licensed with the CCB
when the work was done. The person ling the lien may
have failed to provide you with the proper notices, or
may not have provided the notices at the required time.
These are just a few examples. Again, your attorney is
your best source of advice.
If I nd that the lien is valid, what do I do?
You may be able to file a complaint against your
contractor for liens led by subcontractors, employees,
material suppliers, and equipment rental companies.
Contact the CCB at www.oregon.gov/ccb or 503-
378-4621 to obtain a form entitled Breach of Contract
Complaint Form for Owners and Primary Contractors.
Read and follow the instructions carefully. You must
give the contractor written notice that you plan to le a
complaint with the CCB. When you complete the form,
be sure, on item number 4 (Nature of Complaint) to mark
the box “Complaint by Owner – Construction Lien Filed.”
You will send the complaint form and other required
documents to the CCB ofce. If the CCB determines it
If a valid lien is led
against your property,
you should contact an
attorney and also seek
relief through the CCB
complaint process.
8
can process the complaint, it will request that you pay
a fee of $50.
The CCB may be able to help you obtain money from
the general contractor to pay all or part of the money
owed. If the contractor is unable or unwilling to pay,
the CCB may be able to request that the contractor’s
bonding company pay you. Filing the complaint form is
the rst step in getting help from the CCB.
What else does the CCB need besides a
completed complaint form?
You should attach the following documents to your
completed complaint form:
1. A copy of your contract
2. Records of payments made to your primary
contractor
3. A copy of the Information Notice provided by your
primary contractor
4. A copy of the Notice of Right to a Lien, if you
received one from the subcontractor or others
5. A copy of the lien with the county recorder’s seal
6. A copy of any foreclosure documents that you
may have received, and
7. Copies of invoices from the company that led
the lien (the subcontractor, material supplier, or
equipment rental company
8. A copy of your pre-complaint notice letter to your
contractor and a copy of the post ofce receipt
showing that you sent the letter by certied mail,
the date you sent the letter and the address you
sent it to.
What happens after I send this information
to the CCB?
Processing your complaint may involve an arbitration
proceeding (including a hearing) or a contested case
hearing. This process can take several weeks or
months. Obtaining money from the surety bond for your
complaint may be delayed by complaints led by other
homeowners.
Will the CCB automatically process my
complaint?
The CCB cannot process your complaint if:
• Your general contractor was not licensed
when the work was done.
• If the contractor’s bond has already been paid
The CCB complaint
process, if successful,
can obtain money
from the general
contractor’s surety
bond to pay all or part
of, the money owed.
9
out to others who led complaints before you, the
CCB cannot obtain bond funds for your complaint.
Suppose I am faced with a foreclosure of the
lien while the complaint process is taking
place – what can I do?
You may have the right to request a “stay” (delay) of
the foreclosure proceedings from the court until the
CCB has nished processing your complaint. The law
governing the procedure is set forth at ORS 87.058.
Consult your attorney for assistance in preparing a
petition to the court for a stay.
A contractor led a lien on my home a year
ago and is refusing to take it off. How can
I get the lien removed?
Liens are invalid after 120 days if no lawsuit to foreclose
on the lien has been led and no extension of time
has been awarded. Contact your attorney for further
information.
My primary contractor did not pay the
subcontractor because the subcontractor’s
work was of poor quality. Now, the
subcontractor has filed a lien on my
property. What can be done to get me out of
the dispute? Can I le a complaint against
the subcontractor?
You can request that the general contractor and
subcontractor settle their differences in court or that
they le CCB complaints against each other and let the
CCB help resolve their dispute.
You can also le a complaint against your general
contractor if the lien is not immediately released. You
cannot file a complaint against the subcontractor
because you must have a contract with someone in
order to le a complaint against them. Your general
contractor can le a complaint against the subcontractor.
Property owners
cannot le complaints
against subcontractors
because there must
be a contract with
between the two
parties in order for
one party to le a
complaint against the
other.
Who sends what notice to property owners?
• If you contract directly with an owner of residential
property, you must provide the Information Notice
to Owner about Construction Liens.
• If you have no direct contract with an owner
of property, and you wish to have a right to le
a lien, you must send a Notice of Right to a Lien
to the property owner.
There are some exceptions. Refer to pages 2 - 5 for
the exceptions that may apply.
Are there any specic requirements for
contractors that have built a house on
their own property, or have rehabilitated an
existing house that they own, and are now
selling the house?
Yes. Under the Homebuyer Protection Act, the builder-
seller has certain obligations if the sale involves:
• A new single family home, duplex, triplex,
condominium unit, or
• Remodeling an existing single family home,
duplex, triplex, condominium unit for a cost
of at least $50,000 within three months prior
to the sale
If so, the builder-seller must provide protection for the
buyer against claims of lien by:
• Purchasing title insurance;
• Retaining at least 25% of the sales price in
escrow;
• Obtaining lien waivers or releases;
• Obtaining a bond or letter of credit; or
• Waiting to complete the sale after the deadline
for perfecting liens (usually 75 days).
The builder-seller must complete the Notice of
Compliance with the Homebuyer Protection Act (HPA)
of 2003 (a form available from the CCB website). Both
seller and buyer must sign the form and retain copies
for their records.
Contractor
responsibilities
10
Contractors who have
contracts with the
property owner must
give the Information
Notice to Owner about
Construction Liens.
11
Failure to provide the Notice of Compliance with the
Homebuyer Protection Act (HPA) not later than the date
of sale of residential property, is a Class “A” violation
under Oregon law. In addition, if the builder-seller fails
to provide the buyer with the protections required, and
the buyer is damaged as a result, the buyer may seek
recovery from the builder-seller for an amount up to
twice the actual damages, plus attorney fees, costs,
and disbursements.
Are there any residential property owners
for whom general contractors do not need
to provide an Information Notice To Owner
About Construction Liens?
Yes. If the owner of the residential property is a
licensed contractor, the notice is not required. This is
also the case, for example, when a general contractor
is constructing a house for a property owner who is
also a licensed contractor. The general contractor
does have lien rights against the property, but is not
required to deliver an Information Notice To Owner
About Construction Liens to the property owner.
Do I need to provide an Information Notice
To Owner About Construction Liens when I
bid a commercial job?
No. The notice is for residential construction only.
How important is the Information Notice To
Owner About Construction Liens and what
happens if a general contractor does not
provide one to a residential property owner?
The notice is very important! If the general contractor
fails to provide it to the property owner, the contractor
loses lien rights, faces possible suspension of his or
her license, and a civil penalty of up to $5,000.
The notice has signature spaces for the general
contractor’s signature and the property owner’s
signature. The general contractor should either provide
duplicate originals that are each signed, or provide a
copy of the signed original to the property owner. The
general contractor must keep an original or a copy as
proof that the notice was provided to the property owner.
CCB’s rules require that you maintain proof of delivery
of this notice for a period of two years after entering into
the contract.
The general contractor
must keep proof
of delivery of the
Information Notice
to Owner About
Construction Liens,
for two years after
entering into a
contract.
Where can I get copies of the Information
Notice To Owner About Construction Liens?
Licensed contractors may download and print copies
from the CCB website, or call the CCB and request a
copy.
Suppose the general contractor fails to
provide an Information Notice To Owner
About Construction Liens to the residential
property owner. Can a subcontractor,
employee, material supplier, or equipment
rental company still le a lien against the
property owner?
Yes, as long as the subcontractor, employee, material
supplier, or equipment rental company has given the
property owner a Notice of Right to a Lien and has met
all deadlines for sending the notice.
If I am a subcontractor, is it true that I
cannot file a lien against a residential
property owner unless I have previously
sent a Notice of Right to a Lien?
That is correct. Since your contract is with the general
contractor, you must provide a Notice of Right to a Lien
to the property owner (with whom you have no contract).
The notice must be given within a required time period
(see below).
When should a subcontractor or supplier
send a Notice of Right to a Lien?
The Notice of Right to a Lien should be given within
eight working days of the start date of the work provided,
or the delivery date of materials or equipment. For
example, if a subcontractor began work on December
12, 2007 (a Wednesday) the subcontractor would need
to provide the Notice of Right to a Lien no later than
December 24, 2007 (a Monday following two weekend
days) in order to have a right to a lien on all work
performed beginning the day the subcontractor started
work. The Notice of Right to a Lien is considered given
when it is personally delivered or mailed. (Also see
explanation below.)
12
Subcontractors,
employees, material
suppliers, and
equipment rental
companies must give
the property owner a
Notice of Right to a
Lien if they want to
protect their lien rights.
Are there any other persons that I need to
notify about the possibility that I may le
a lien?
In order to obtain priority (preference) over a previously
led mortgage or trust deed on the property, persons
providing materials or supplies must also provide the
Notice of Right to a Lien to the holder of a recorded
mortgage or trust deed. The notice should be given
within eight working days of the delivery date of the
materials or supplies. If the notice was delivered to the
mortgage or trust deed holder on the ninth day after
delivery of the materials or supplies, then the supplier
would not be entitled to payment for the materials or
supplies provided on the rst day of the job. You may
wish to contact an attorney for more specics on this
notice requirement.
What happens if I sent the Notice of Right to
a Lien too late or to the wrong address, or if
I had some other problem with its delivery?
You lose your lien rights. You may want to contact an
attorney.
Where can I get Notice of Right to a Lien
forms?
The form is available from the CCB website or by calling
503-378-4621.
How do I go about ling a lien?
Consult an attorney. A lien involves a notary, legal
description, recording fee, several deadlines, and
extensive paperwork. If anything in the process is not
done correctly, the lien may be invalid, or you could lose
your right to collect attorney fees should you have to
foreclose on the lien.
What is the deadline for ling a lien? What
if I le the lien after that deadline?
You have 75 days to le a lien from:
1. The date you last worked or delivered materials
to the property or
2. The date of substantial completion of the
construction,
whichever date came rst.
The lien will be invalid and cannot be enforced if it is
led more than 75 days after the applicable date.
13
If you intend to le
a lien, you should
consult an attorney.
If anything in the
process is done
incorrectly, the lien
may be invalid.
The requirements for pursuing a lien are so
strict. Why?
Foreclosure of a lien is a serious matter – someone
can lose his or her property. The strict requirements
are also intended to prevent abuses which may result in
homeowners having to pay twice for the same materials,
equipment, services, or labor.
What do I need to do after I le a lien and
it is recorded?
Within 20 days after the lien is led, the lien claimant
must mail a written notice to the owner and any
mortgage or trust deed holder, stating that the lien claim
has been led. A copy of the lien must be attached to
the written notice. Failure to deliver this notice does
not invalidate the lien, but you will be unable to recover
costs, disbursements or attorney fees upon foreclosure
of the lien.
What happens after a lien is filed and
recorded?
Either the property owner pays the amount you are
owed, or you may le a lawsuit to foreclose the lien.
Within 120 days of the date you recorded the lien, you
must bring a lawsuit to foreclose on the lien. The lien
will become invalid after 120 days if a court action is
not led.
How do I initiate a foreclosure action?
The CCB cannot help you le a foreclosure action, which
is a type of lawsuit led in court. You will need to talk to
an attorney.
As the general contractor, I just want to get
the money that the property owner owes
me. Is there an easier way for a general
contractor to get paid?
If you are the general contractor and you improved
property at the owner’s request, you must le a lien to
rightfully claim an interest in the property, to obtain your
payment. However, if you prefer, you may le a claim
in state small claims court (for amounts of $7,500 or
less), or in state circuit court (for larger amounts). The
CCB has no authority to resolve contractor disputes
against property owners. The CCB may get involved
if the property owner requests the dispute resolution
assistance.
14
If a general contractor
has not been paid by
the property owner, he
or she can either le a
lien claim, le a claim
in state small claims
court, or in state circuit
court.
Can a subcontractor, laborer, material
supplier, or equipment rental company le
a lien against a licensed general contractor
who did not pay them in full?
Usually, the answer is no. The only time that a lien
can be led against the general contractor is if the
general contractor owns the property. In that case,
subcontractors do have lien rights – without providing
an Information Notice to Owner About Construction
Liens.
Are there other ways that subcontractors,
laborers, material suppliers, and equipment
rental companies can get the money that
they are owed by a general contractor?
Yes. A subcontractor, material supplier, or equipment
rental company can le a complaint with the CCB or le
a lawsuit in court. If either the CCB complaint process
or lawsuit is successful, payment may be made from
the contractor’s bond. Bond payments to non-owner
complainants is limited to $3,000. If the person ling
the complaint does not receive full payment from the
bond, they can le the CCB order with any county clerk,
where it will have the same effect as a court judgment.
See an attorney for more information.
How does a subcontractor, employee,
material supplier, or equipment rental
company file a complaint with the CCB
against the general contractor?
You should obtain the appropriate complaint form from
the CCB website, or contact the CCB at 503-378-4621
and ask for a form. There are three forms that you may
obtain online at www.oregon.gov/ccb:
• Breach of Contract Complaint Form for
Subcontractors
• Breach of Contract Complaint Form for Employees
• Breach of Contract Complaint Form for Material/
Equipment
You must le the complaint within one year of the date
of the debt.
Suppose a property owner, who has had a
valid lien led against his or her property,
les a complaint with the CCB. What does
this mean?
If the general contractor was paid in full, a property
owner may le a complaint with the CCB against the
general contractor to obtain an award to pay all or part
of the money owed to a subcontractor, material supplier,
or equipment rental company.
15
If a general contractor
has not paid
subcontractors or
other suppliers, those
persons may le a
complaint with the
CCB.
If the contractor is unable or unwilling to pay, the CCB
may require that payment be made from the contractor’s
bond. The CCB will process the complaint if:
1. It is led within the one-year ling period, and
2. If the general contractor was licensed when
the work was done.
The processing of the complaint may involve an on-site
investigation, arbitration, or a contested case hearing.
This process can take several months.
What if the subcontractor, material supplier,
or equipment rental company begins the
process to foreclose their lien while the
property owner’s complaint is pending?
The property owner has the right to request that the
court issue a stay. This will delay the foreclosure
proceedings until the CCB nishes processing the
complaint.
In summary, what are the most important
things for a general contractor to do in order
to le a valid residential lien?
1. The general contractor must be licensed
with the CCB, and
2. The general contractor must give the property
owner an Information Notice to Owner About
Construction Liens if it is required, and
3. The lien must be led within 75 days of the last
day labor was provided or materials furnished.
In summary, what is important for a
subcontractor, material supplier, or
equipment rental company to do in order
to le a valid residential lien claim?
Send the Notice of Right to a Lien by registered or
certied mail, or deliver it in person within eight working
days of starting the work or providing the materials or
equipment.
Where can I get more information about
Oregon’s lien laws?
You may wish to contact an attorney or review Oregon’s
Lien Law, found in ORS Chapter 87.
16
To protect their lien
rights, contractors
should be licensed,
and should provide
the required notices to
property owners.
Construction Contractors Board
PO Box 14140
Salem, OR 97309-5052
503-378-4621
www.oregon.gov/ccb
