Claim of Construction Lien

CLAIM OF CONSTRUCTION LIEN

(State of Oregon)
Pursuant to ORS 87.035

RECORDING INFORMATION

Recording Requested By:

Name: [________________________________]

Address: [________________________________]

When Recorded, Return To:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

I. CLAIMANT INFORMATION

NOTE: Oregon law (ORS 701.005 et seq.) requires contractors to be licensed with the Construction Contractors Board. An unlicensed contractor generally cannot enforce a construction lien.

II. PROPERTY OWNER INFORMATION

III. MORTGAGEE INFORMATION (If Known)

Under ORS 87.039, notice of the filed lien must also be mailed to the mortgagee.

IV. GENERAL CONTRACTOR INFORMATION

V. HIRING PARTY INFORMATION (If Different from Owner or General Contractor)

VI. PROPERTY DESCRIPTION

Street Address of Improved Property: [________________________________]

City: [________________________________] County: [________________________________], Oregon

Legal Description:

[________________________________]
[________________________________]
[________________________________]

(Attach as Exhibit A if lengthy. Per ORS 87.035, the claim must include a description of the property sufficient for identification.)

Tax Lot / Assessor's Map Number: [________________________________]

VII. CLAIM OF CONSTRUCTION LIEN

The undersigned Claimant hereby claims a construction lien pursuant to ORS 87.010 and ORS 87.035 against the above-described real property and improvements thereon, and states as follows:

A. Persons Entitled to Lien (ORS 87.010)

The Claimant is entitled to a lien as a person who:

☐ Performs labor upon or furnishes material for improvement of real property at the instance of the owner or the owner's agent
☐ Performs labor upon or furnishes material at the instance of a contractor or subcontractor
☐ Provides professional services (architect, engineer, land surveyor) for the improvement
☐ Rents equipment used in the improvement
☐ Transports materials, equipment, or supplies to the site
☐ Other: [________________________________]

B. Nature of Labor, Services, Materials, or Equipment Furnished

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

C. Dates of Furnishing

D. Amount of Lien Claimed

The demand is a true statement of the amount due after deducting all credits and offsets.

VIII. PRE-LIEN NOTICE COMPLIANCE — NOTICE OF RIGHT TO A LIEN (ORS 87.021)

A. Notice Requirement

Under ORS 87.021, any person furnishing materials, equipment, services, or labor for which a lien may be perfected must give a Notice of Right to a Lien to the owner of the site.

B. Timing and Retroactive Protection

The notice may be given at any time during the progress of the improvement, but:

• The notice only protects the right to lien for materials, equipment, labor, or services provided after a date which is 8 days (not including Saturdays, Sundays, and holidays) before the notice is delivered or mailed
• Earlier work not covered by the notice window is not protected

C. Notice Compliance

☐ Notice of Right to a Lien was delivered/mailed to the Owner
☐ Claimant has a direct contract with the Owner (notice is still required under ORS 87.021)

Date Notice Delivered or Mailed: [__/__/____]

Method of Delivery:
☐ Personal delivery
☐ First-class mail
☐ Certified mail, return receipt requested
☐ Registered mail

Earliest Date of Protected Furnishing (8 business days before notice): [__/__/____]

D. Statutory Notice Language (ORS 87.021(2))

The Notice of Right to a Lien must contain the following warning language:

"NOTICE: This is to inform you that [claimant] has begun to provide [labor] [materials] [equipment] [services] for improvements to property you own. The property is located at [address]. A lien may be claimed for all labor, materials, equipment and services furnished after a date that is 8 days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010, before this notice was mailed or delivered to you. Even if you or your mortgage lender have made full payment to the contractor who ordered these services or materials, your property may still be subject to a lien unless the lien claimant is paid."

☐ The statutory warning language was included in the notice

IX. FILING DEADLINE COMPLIANCE

A. 75-Day Filing Deadline (ORS 87.035)

A claim of lien must be filed within 75 days from the earlier of:

☐ (a) The date the claimant ceased to provide labor, materials, equipment, or services; OR
☐ (b) The date the entire project was substantially complete

☐ This lien is being filed within the 75-day deadline

X. REQUIRED CONTENT OF LIEN CLAIM (ORS 87.035)

Pursuant to ORS 87.035(3), this claim of lien contains:

☐ (a) A true statement of the Claimant's demand, after deducting all just credits and offsets
☐ (b) The name of the owner or reputed owner of the property, if known
☐ (c) The name of the person by whom the Claimant was employed or to whom the materials were furnished
☐ (d) A description of the property to be charged with the lien, sufficient for identification
☐ (e) Verification by oath of the person filing the claim

XI. VERIFICATION (ORS 87.035(4))

Claimant's Sworn Statement

I, [________________________________], being the ☐ Claimant ☐ Authorized Officer ☐ Authorized Agent of the Claimant, do hereby state under oath that:

1. I have read the foregoing Claim of Construction Lien and know the contents thereof;
2. The statements contained herein are true to the best of my knowledge;
3. The demand is a true statement of the amount due after deducting all just credits and offsets;
4. The labor, services, materials, and/or equipment described herein were actually furnished for the improvement of the above-described property;
5. A Notice of Right to a Lien was given to the owner as required by ORS 87.021; and
6. This lien claim is filed within the time required by ORS 87.035.

Signature: ________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

XII. NOTARY ACKNOWLEDGMENT

STATE OF OREGON
County of [________________________________]

Subscribed and sworn to before me on this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(SEAL)

NOTE: ORS 87.035(4) requires the lien claim to be "verified by oath," which requires notarization.

XIII. POST-FILING NOTICE (ORS 87.039)

Within 20 days after the date of filing this Claim of Construction Lien, the Claimant must mail written notice to:

A. Parties to Be Notified

☐ The Owner of the property
☐ The Mortgagee of the property (if known)

B. Service Record

C. Effect of Failure to Give Notice

Under ORS 87.039(2), failure to give post-filing notice does not invalidate the lien, but the claimant is liable for any damages caused by the failure, and the court may refuse to allow attorney's fees if the prevailing claimant failed to give notice.

XIV. FILING INSTRUCTIONS AND KEY DEADLINES

A. Where to File

File this Claim of Construction Lien with the Recording Officer (County Clerk) of the county where the improved real property is located.

B. Critical Deadlines Summary

C. Recording Fees

Contact the [________________________________] County Clerk for current recording fees.

XV. LIEN PRIORITY (ORS 87.060)

A. General Priority Rules

Under ORS 87.060:

• A construction lien has priority over any lien, mortgage, or other encumbrance that attaches after the commencement of the improvement
• A construction lien is subordinate to any lien, mortgage, or other encumbrance that was recorded before the commencement of the improvement
• Construction liens are on equal footing with each other, regardless of when individual claimants began furnishing

B. Relation-Back Doctrine

Oregon construction liens relate back to the date of commencement of the improvement, not to the date the individual claimant first furnished labor or materials.

XVI. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien (ORS 87.076)

Upon full payment, the Claimant must file a release of lien with the Recording Officer within a reasonable time. Failure to release may subject the Claimant to liability for damages and costs.

B. Discharge by Bond (ORS 87.078)

The owner or any interested party may file a surety bond to release the lien from the property. The bond must be:

• In an amount equal to 150% of the lien claim (or as set by the court)
• Issued by a surety authorized to do business in Oregon
• Filed with the Recording Officer and served on the lien claimant

C. Discharge of Excessive or Invalid Lien (ORS 87.060)

The owner may petition the court to reduce or discharge a lien that is excessive or was filed without proper basis.

XVII. ENFORCEMENT

A. Enforcement Deadline (ORS 87.055)

An action to foreclose the construction lien must be commenced within 120 days from the date the lien was filed for record. Failure to commence a foreclosure action within 120 days extinguishes the lien.

CRITICAL: Oregon's 120-day enforcement deadline is among the shortest in the nation. This deadline must be calendared immediately upon filing the lien.

B. Court of Jurisdiction

Enforcement actions are filed in the Oregon Circuit Court for the county in which the property is situated.

C. Lis Pendens

Upon commencement of a lien enforcement action, the claimant should record a lis pendens with the Recording Officer.

XVIII. PRACTICE NOTES

1. CCB Licensing Required. Oregon requires contractors to be licensed with the Construction Contractors Board (CCB). Unlicensed contractors generally cannot enforce a lien.

2. 75-Day Filing Deadline. Oregon's lien filing deadline (75 days) is shorter than many states. Begin preparation promptly after last furnishing.

3. 120-Day Enforcement Deadline is Very Short. This is one of the shortest foreclosure deadlines in the U.S. File the enforcement action well before the deadline.

4. 8-Business-Day Look-Back. The Notice of Right to a Lien only protects work performed from 8 business days before the notice was mailed or delivered. Give this notice as early as possible.

5. Substantial Completion Trigger. The 75-day filing deadline may be triggered by substantial completion of the entire project, even if the individual claimant's work concluded earlier.

6. Notarization is Mandatory. ORS 87.035(4) requires verification by oath. A lien claim filed without notarization may be invalid.

7. Post-Filing Notice. While failure to send the 20-day post-filing notice does not void the lien, it can result in loss of attorney's fees and liability for damages.

SOURCES AND REFERENCES

• ORS Chapter 87 — Statutory Liens: https://www.oregonlegislature.gov/bills_laws/ors/ors087.html
• ORS 87.035 — Perfecting Lien; Filing Claim of Lien; Contents: https://oregon.public.law/statutes/ors_87.035
• ORS 87.021 — Notice of Right to a Lien: https://oregon.public.law/statutes/ors_87.021
• ORS 87.039 — Notice of Filing Claim of Lien: https://oregon.public.law/statutes/ors_87.039
• Oregon CCB — Notice of Right to Lien Form: https://www.oregon.gov/ccb/Documents/Notice%20of%20right%20to%20lien.pdf
• Oregon Mechanics Lien Guide (Levelset): https://www.levelset.com/mechanics-lien/oregon-lien-law-faqs/

This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Oregon should review and customize this document before use. Filing deadlines are strictly enforced; missing a deadline may result in permanent loss of lien rights.