Claim of Construction Lien - Oregon

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 and 87.018(2), notice of the filed lien must also be mailed to a mortgagee whose name and address appear in the specified recorded instruments.

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.

E. Extended Payment Terms (ORS 87.055; complete if applicable)

☐ Extended payment is provided under these terms: [________________________________________________]. Payment expires on [__/__/____]. These terms are stated in this filed claim.
☐ No extended payment terms are claimed.

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

A. Notice Requirement

Determine notice applicability under current ORS 87.021. The common CCB form addresses materials, equipment, labor, or services ordered by a contractor for an owner-occupied residential project, but statutory claimant categories and exceptions must be checked.

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 furnished at the direct request of the Owner — counsel confirmed whether a statutory exception applies

Original contractor on a residential contract: Separately determine whether ORS 87.093 requires the CCB's Information Notice to Owner. For an aggregate contract price over $2,000, deliver it to the owner or agent when signing (or within five days after the contractor knows or should know that an initially lower price will exceed $2,000). The notice is not required if the owner is a CCB-licensed contractor. Failure to deliver a required notice bars the original contractor's lien for that contract; the Notice of Right to a Lien above does not replace it.

☐ ORS 87.093 Information Notice to Owner delivered on [__/__/____] by ☐ personal delivery ☐ registered mail ☐ certified mail ☐ first-class mail with certificate of mailing
☐ ORS 87.093 notice not required because [STATE FACTS]

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

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

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

D. Statutory / CCB Notice Form (ORS 87.021 and 87.023)

Use the current two-page Oregon CCB form. Its operative paragraph states:

"A lien may be claimed for all materials, equipment, labor and services furnished after a date that is eight days, not including Saturdays, Sundays, and holidays, as defined in ORS 187.010, before this notice was mailed to you. Even if you or your mortgage lender has made full payment to the contractor who ordered these materials or services, your property may still be subject to a lien unless the supplier providing this notice is paid."

☐ The statutory warning language was included in the notice

IX. FILING DEADLINE COMPLIANCE

A. 75-Day Filing Deadline (ORS 87.035)

A claimant under ORS 87.010(1) or (2) must file within 75 days after the earlier of the following dates. Other ORS 87.010 claimants must file within 75 days after completion of construction under ORS 87.045. Select the applicable claimant category and calculate accordingly.

☐ ORS 87.010(1) or (2): compare the date the claimant ceased to provide labor, rent equipment, or furnish materials with the completion-of-construction date.
☐ Other ORS 87.010 claimant: use the completion-of-construction date.

Completion of construction under ORS 87.045 may occur when the improvement is substantially complete, when a completion notice is posted and recorded as prescribed, or when it is abandoned under that section.

☐ 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. Notice of Right to a Lien (select one): ☐ Claimant gave the owner the notice required by ORS 87.021 on [__/__/____] by [METHOD]. ☐ Notice was not required because the work was furnished at the owner's request or another ORS 87.021 exception applies; the facts supporting the exception are [DESCRIBE].
6. Information Notice to Owner (original contractor, if applicable): ☐ Claimant delivered the ORS 87.093 notice on [__/__/____] by [METHOD]. ☐ The notice was not required because [STATE FACTS]. ☐ Claimant is not an original contractor.
7. 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 filing this Claim of Construction Lien, mail written notice with a copy of the filed claim to:

A. Parties to Be Notified

☐ The Owner of the property
☐ A mortgagee whose name and address appear in the recorded mortgage, trust deed, or assignment described in ORS 87.018(2)

B. Service Record

C. Effect of Failure to Give Notice

Under ORS 87.039(2), a party that fails to mail the required notice and attached lien claim to the owner and any mortgagee entitled to notice within 20 days may not recover costs, disbursements, or attorney fees otherwise allowable under ORS 87.060. The statute does not state that this notice failure invalidates the lien or creates a separate damages remedy.

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 87.025)

A. General Priority Rules

Under ORS 87.025, priority depends on the type of construction lien and the encumbrance:

• A perfected lien on land under ORS 87.010(2) or (6) has priority over an encumbrance attaching after commencement of the improvement or unrecorded at that time (§ 87.025(1)).
• A perfected lien on the improvement under ORS 87.010(1), (4), or (5) may have priority over an earlier land encumbrance, subject to the material-supplier notice and alteration-or-repair exceptions in § 87.025(3) and (6).
• The date a claimant's lien is created or perfected generally does not change the equal priority of perfected construction lien claimants, subject to § 87.025(3) (§ 87.025(7)).

B. Relation-Back Doctrine

For priority purposes, perfection of a construction lien under ORS 87.035 relates to the date of commencement of the improvement as defined in ORS 87.005, subject to the exceptions in ORS 87.025.

XVI. LIEN RELEASE AND BONDING PROVISIONS

A. Agreed Release After Payment

If payment or settlement resolves the claim, the parties may complete and record a signed release identifying the recorded lien and the amount or interest released. The payment agreement should state who will submit the release and when. ORS 87.076 is the separate bond or deposit procedure described below; it does not itself impose a general claimant duty to record a release upon payment.

B. Bond or Deposit to Release Property (ORS 87.076–87.083)

The owner or another interested person may file a surety bond with the county recording officer or deposit money with the county treasurer under ORS 87.076. The amount must be at least 150% of the claimed lien amount or $1,000, whichever is greater; there is no court-set amount alternative in § 87.076. For a bond, use a corporation authorized to issue surety bonds in Oregon. Serve the lien claimant with notice of the filing or deposit and a copy of any bond within 20 days under ORS 87.078; failure to give that notice makes the filing or deposit ineffective under § 87.078(2). Upon filing or deposit and service of notice, the lien attaches to the bond or money and the property becomes free of the lien under ORS 87.083(1).

C. Contesting a Lien in Foreclosure (ORS 87.060(3))

In a suit to enforce a perfected construction lien, the owner may contest its validity or amount; the court must allow or disallow the lien before proceeding with foreclosure.

XVII. ENFORCEMENT

A. Enforcement Deadline (ORS 87.055)

Ordinarily, a suit to enforce the lien must be commenced within 120 days after filing the claim. If extended payment is provided and its terms are stated in the filed claim, ORS 87.055 allows suit within 120 days after that payment expires; no agreement to extend payment continues the lien beyond two years after claim filing. A Notice of Intent to Foreclose does not itself extend either deadline.

CRITICAL: Calendar the applicable ORS 87.055 deadline when the claim is filed, including any stated extended-payment terms and the two-year outer limit.

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.

D. Notice of Intent to Foreclose (ORS 87.057)

Deliver this separate written notice to the owner and mortgagee at least 10 days before commencing a foreclosure suit. Record delivery and any mortgagee-notice exception supported by ORS 87.057(1). Under ORS 87.057(3), failure to comply with the notice and requested-list requirements bars costs, disbursements, and attorney fees otherwise allowable under ORS 87.060. A timely notice does not extend the ORS 87.055 foreclosure deadline.

Date: [__/__/____]

To owner: [NAME AND ADDRESS]

To mortgagee: [NAME AND ADDRESS / STATUTORY EXCEPTION AND FACTS]

From lien claimant: [NAME AND ADDRESS]

Re: Notice of intent to foreclose construction lien, recorded in [COUNTY] County as instrument [NUMBER] on [__/__/____], against [PROPERTY ADDRESS AND LEGAL DESCRIPTION].

I intend to commence a suit to foreclose the recorded construction lien identified above. The claimed unpaid amount is $[____], subject to any credits and offsets required by law. If the owner demands the list or contractual-basis statement described in ORS 87.057(2), I will furnish it within five days after the demand.

Claimant or authorized agent: [SIGNATURE, PRINTED NAME, CAPACITY] Date: [__/__/____]

Delivery record: ☐ Personal delivery ☐ Registered mail ☐ Certified mail. Owner delivered [__/__/____]; mortgagee delivered [__/__/____ / EXCEPTION]. Suit may commence no earlier than [__/__/____], subject to ORS 87.055.

XVIII. PRACTICE NOTES

1. CCB Licensing Review. Before asserting a licensing defense or claiming lien eligibility, identify the claimant's role, project, work dates, license record, and controlling current statute. Do not use a universal license-at-filing test.

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

3. Enforcement Deadline. Ordinarily allow 120 days from claim filing; apply the stated extended-payment exception only when its terms appear in the filed claim, and observe the two-year outer limit. File well before the applicable 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. Completion-of-Construction Trigger. Substantial completion is one ORS 87.045 trigger; a posted and recorded completion notice or statutory abandonment can also set the date. Apply the claimant categories in ORS 87.035(1) before calculating the 75-day deadline.

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. Failure to send the required notice within 20 days bars recovery of costs, disbursements, and attorney fees otherwise allowable under ORS 87.060. ORS 87.039 does not itself impose damages liability for that failure.

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.