Mechanics Lien Filing Package — Oregon

Mechanics Lien Filing Package (OREGON)

Quick-Reference Summary

Part A — Pre-Lien Notice

NOTICE OF RIGHT TO A LIEN (ORS 87.021 / 87.023)

WARNING: Read this notice. Protect yourself from paying any contractor or supplier twice for the same service.

TO (Owner):
[________________________________]
[________________________________]
[______________________], OR [_______]

Date of mailing (registered or certified mail): [__/__/____]

This is to inform you that [________________________________] (claimant) has begun to provide [________________________________________________________] (description of materials, equipment, labor, or services) ordered by [________________________________] for improvements to property you own. The property is located at [________________________________].

A lien may be claimed for all materials, equipment, labor, and services furnished after a date that is eight (8) days, not including Saturdays, Sundays, and holidays (as defined in ORS 187.010), before this notice was mailed or delivered 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.

THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the State of Oregon.

This notice has been sent to you by:

Signature of Claimant or Authorized Agent: ______________________________

METHOD OF DELIVERY (check one):
☐ Registered mail
☐ Certified mail, return receipt requested
☐ Personal delivery (ORS 87.018)

RIGHTS UNDER OREGON LIEN LAW: Under ORS 87.021, the Notice of Right to a Lien may be given at any time during the progress of the improvement, but it protects the right to perfect a lien only for materials, equipment, labor, or services provided after a date that is 8 days, not counting Saturdays, Sundays, and holidays, before the notice was delivered or mailed.

REVERSE SIDE — IMPORTANT INFORMATION FOR YOUR PROTECTION

Include this reverse side with every copy of the Notice of Right to a Lien above. The notice in ORS 87.023 includes this owner-protection information; the front alone is incomplete.

Under Oregon construction lien law, a person who supplies labor, equipment, services, or materials for your property and remains unpaid may claim a lien against your property. If your contractor does not pay subcontractors, suppliers, equipment lessors, service providers, or workers, your property may be subject to a lien even if you have paid the contractor in full. This notice identifies a firm providing items for the improvement; it is not itself a lien.

To protect yourself:

• Recognize that a lien may follow this notice if the firm that sent it is not paid.
• Ask each firm that sends a notice for a statement of what it provided to your property. Ask the Construction Contractors Board, an attorney, or the sender for more information about this notice and lien law.
• When paying your contractor for those items, consider a check payable jointly to the contractor and the firm that supplied them, or another payment method described in the Construction Contractors Board's Information Notice to Owner.
• Obtain evidence that each firm that sent you a notice has been paid or has waived its right to claim a lien.
• Consult an attorney, professional escrow company, or your mortgage lender when you need help protecting the property.

INFORMATION NOTICE TO OWNER (ORS 87.093) — for Original Contractor on Residential Improvement Over $2,000

For a residential construction or improvement contract with a price over $2,000, the original contractor must deliver the Construction Contractors Board (CCB) "Information Notice to Owner" to the owner or owner's agent when the contract is signed. If the contract price first exceeds $2,000 during performance, delivery is due within five days after the contractor knows or reasonably should know of the increase. The notice is not required if the owner is a contractor licensed with the CCB. Use the current CCB form: https://www.oregon.gov/ccb/

☐ Information Notice to Owner delivered on [__/__/____] (attach proof of delivery).
☐ Not applicable — claimant is not the original contractor or project is not residential or under $2,000 threshold.

Part B — Claim of Mechanics Lien

CLAIM OF CONSTRUCTION LIEN (ORS § 87.035)

State of Oregon, County of [________________________________]

The undersigned, being first duly sworn, deposes and says:

1. True name and address of claimant:

• Name: [________________________________]
• Address: [________________________________]
• City / State / ZIP: [______________________], OR [_______]
• Phone: [________________________________]
• CCB number (if applicable): [________________________________]

2. Name of owner or reputed owner (or, if not known, of the person on whose behalf the work was done):

[________________________________]
Address: [________________________________]

3. Name of person who employed the claimant or to whom the claimant furnished the materials or rented the equipment:

[________________________________]
Address: [________________________________]

4. Statement of the demand, after deducting all just credits and offsets:

• Description of labor, materials, equipment, or services furnished:

[____________________________________________________________]
[____________________________________________________________]

• Date first furnished: [__/__/____]
• Date last furnished: [__/__/____]
• Original contract or rental amount: $[____________]
• Total paid: $[____________]
• Credits / offsets: $[____________]
• Amount claimed (after credits and offsets): $[____________]

5. Description of the property to be charged with the lien (sufficient for identification):

• Street address: [________________________________]
• County: [________________________________]
• Tax lot / Map: [________________________________]
• Legal description:

[____________________________________________________________]

6. Notice of Right to a Lien (if applicable):

☐ Notice of Right to a Lien delivered/mailed to owner on [__/__/____] in compliance with ORS 87.021. Date eight (8) business days before notice: [__/__/____].
☐ Not required — claimant contracted directly with owner.

7. Extended payment terms (complete only if payment has been extended):

☐ Extended payment is provided. Its terms are: [________________________________________________]. Payment expires on [__/__/____]. These terms are stated in this filed claim for purposes of ORS 87.055.
☐ No extended payment terms are claimed.

VERIFICATION

I, [________________________________], on oath state that I am the claimant (or an authorized agent of the claimant); that I have read the foregoing Claim of Construction Lien and know its contents; and that to the best of my knowledge, information, and belief the same is true.

Signed: ______________________________
Print name / title: [________________________________]
Date: [__/__/____]

STATE OF OREGON )
) ss.
COUNTY OF [________________] )

Subscribed and sworn to before me this [____] day of [____________], 20[____].

Notary Public — State of Oregon: ______________________________
My commission expires: [__/__/____]

RECORDING: Submit to the County Clerk in the Clerk's Lien Record of the county in which the property is located. For an ORS 87.010(1) or (2) claimant, ORS 87.035(1) sets the earlier of 75 days after the claimant ceased to provide labor, rent equipment, or furnish materials, or 75 days after completion of construction under ORS 87.045. For other ORS 87.010 claimants, the deadline is 75 days after completion of construction.

Part C — Notice of Filing Lien Claim to Owner

NOTICE OF FILING CLAIM OF LIEN (ORS § 87.039)

Service deadline: Within twenty (20) days after the Claim of Construction Lien is filed with the County Clerk.

Date: [__/__/____]

To (Owner and any mortgagee of record):
[________________________________]
[________________________________]
[______________________], OR [_______]

RE: Claim of Construction Lien filed against your property

You are hereby notified that on [__/__/____], the undersigned claimant filed a Claim of Construction Lien against the property commonly known as [________________________________], [______________] County, Oregon, in the Clerk's Lien Record of [______________] County as Instrument / Document No. [______________].

Amount claimed: $[____________]
Claimant: [________________________________]
Claimant address: [________________________________]
Claimant phone: [________________________________]

A true and correct copy of the recorded Claim of Construction Lien is enclosed.

METHOD OF DELIVERY:
☐ Registered mail
☐ Certified mail, return receipt requested

Signature of Claimant or Authorized Agent: ______________________________

NOTE: ORS 87.039 requires the claimant, within 20 days after filing, to mail a notice of the filing, together with a copy of the Claim of Construction Lien, to the owner and any mortgagee entitled to notice under ORS 87.018(2). Use registered or certified mail for this notice; first-class mail alone does not meet ORS 87.018. A party that fails to comply may not recover costs, disbursements, or attorney fees otherwise allowable under ORS 87.060.

NOTICE OF INTENT TO FORECLOSE (ORS § 87.057)

A separate Notice of Intent to Foreclose must be delivered to the owner and the mortgagee at least 10 days before commencing a foreclosure suit. The notice triggers (a) the owner's 15-day right to demand an itemized list of materials and prices under ORS 87.057(2), and (b) entitlement to attorney fees under ORS 87.060(5).

Date: [__/__/____]
To: Owner [________________________________], Mortgagee [________________________________]

Notice is hereby given that the undersigned intends to foreclose the Claim of Construction Lien recorded on [__/__/____] as Instrument No. [______________] in the Clerk's Lien Record of [______________] County, Oregon, against the property located at [________________________________], unless payment of $[____________], plus interest and costs, is made within ten (10) days of delivery of this notice.

You are entitled, upon written request made within 15 days, to receive a list of the materials and supplies for which the lien is claimed, with prices.

Signed: ______________________________ Date: [__/__/____]

Part D — Suit to Foreclose

COMPLAINT FOR FORECLOSURE OF CONSTRUCTION LIEN

Filed pursuant to ORS §§ 87.055 and 87.060
Filing deadline: Ordinarily within 120 days after filing the claim; if extended payment terms are stated in the filed claim, within 120 days after that payment expires, with no agreement continuing the lien beyond two years after claim filing (ORS 87.055).

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR [______________] COUNTY

Case No.: [______________]

COMPLAINT TO FORECLOSE CONSTRUCTION LIEN; FOR BREACH OF CONTRACT; AND FOR ATTORNEY FEES

Plaintiff alleges:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [CLAIMANT NAME] is a [entity type] with principal place of business at [________________________________], and at all relevant times was duly registered/licensed with the Oregon CCB (license no. [______________]).

2. Defendant [OWNER] is the record owner of the real property described herein.

3. Defendant [CONTRACTING PARTY] is the party with whom Plaintiff contracted to furnish labor, equipment, materials, and/or services.

4. Defendant [MORTGAGEE] holds a recorded interest in the property.

5. Venue is proper in [______________] County under ORS 14.040(4), and circuit court has jurisdiction under ORS 87.060(1), because the subject property lies in this county.

FACTUAL ALLEGATIONS

6. The property at issue (the "Property") is located at [________________________________], [______________] County, Oregon, and is more particularly described as:

[____________________________________________________________]

7. Beginning on or about [__/__/____], Plaintiff furnished labor, equipment, services, and/or materials for improvement of the Property at the request of [CONTRACTING PARTY].

8. Plaintiff last furnished labor or materials on [__/__/____].

9. The reasonable value of labor and/or materials furnished is $[____________]; Plaintiff has been paid $[____________]; and the unpaid balance is $[____________].

10. [If applicable] Plaintiff timely delivered a Notice of Right to a Lien to the owner on [__/__/____], in compliance with ORS 87.021.

11. Plaintiff timely filed a Claim of Construction Lien in the Clerk's Lien Record of [______________] County on [__/__/____] as Instrument No. [______________], in compliance with ORS 87.035.

12. Within 20 days after filing the Claim of Construction Lien, Plaintiff mailed a Notice of Filing Claim of Lien and a copy of the claim to the owner and any mortgagee entitled to notice, in compliance with ORS 87.039 and ORS 87.018(2).

13. Plaintiff delivered a Notice of Intent to Foreclose to the owner and mortgagee on [__/__/____], at least 10 days before commencing this action, in compliance with ORS 87.057.

FIRST CLAIM FOR RELIEF — Foreclosure of Construction Lien (ORS 87.060)

14. Plaintiff incorporates the preceding paragraphs.

15. Plaintiff holds a valid perfected construction lien upon the Property in the principal amount of $[____________], plus interest, costs, and attorney fees.

16. Plaintiff is entitled to a decree foreclosing the lien and ordering sale of the Property.

SECOND CLAIM FOR RELIEF — Breach of Contract

17. Plaintiff incorporates the preceding paragraphs.

18. Defendant [CONTRACTING PARTY] breached the contract by failing to pay. Plaintiff has been damaged in the amount of $[____________], plus prejudgment interest.

THIRD CLAIM FOR RELIEF — Quantum Meruit (in the alternative)

19. Plaintiff incorporates the preceding paragraphs.

20. The reasonable value of Plaintiff's labor and materials is $[____________]; Defendants accepted the benefit; and refusal to pay is unjust.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment:

a. Adjudging that Plaintiff has a valid construction lien upon the Property in the amount of $[____________], with interest from [__/__/____];

b. Foreclosing the lien and ordering sale of the Property under ORS 87.060;

c. Awarding Plaintiff its costs, disbursements, and reasonable attorney fees under ORS 87.060(5);

d. Granting such other relief as the Court deems just.

DATED: [__/__/____]

[________________________________]
OSB No. [______________]
Attorney for Plaintiff

VERIFICATION

I, [________________________________], state under penalty of perjury under the laws of Oregon that the factual allegations of the foregoing Complaint are true and correct to the best of my knowledge.

I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.

Signed: ______________________________ Date: [__/__/____]

Part E — Pre-Filing Checklist

☐ Confirm CCB registration/license is in good standing at every time labor or materials were furnished (failure can defeat lien).
☐ If original contractor on a covered residential contract over $2,000, deliver the CCB Information Notice to Owner at contract signing; if the price first exceeds $2,000 later, deliver it within five days after learning or reasonably being expected to learn of the increase (ORS 87.093(2)(b), (4)).
☐ Analyze Notice of Right to a Lien applicability under current ORS 87.021; if required, use the current CCB form and send promptly after first furnishing to avoid an unprotected period.
☐ Use registered or certified mail for the ORS 87.039 notice; follow ORS 87.018 for other chapter notices and retain proof.
☐ Confirm owner of record and any mortgagee via title search.
☐ Determine completion of construction under ORS 87.045 (substantial completion, posted and recorded completion notice, or statutory abandonment). For an ORS 87.010(1) or (2) claimant, compare that date with the last labor, equipment rental, or material furnishing date and file within 75 days of the earlier. For other ORS 87.010 claimants, file within 75 days after completion of construction (ORS 87.035(1)).
☐ Verify Claim of Construction Lien includes all ORS 87.035(2)-(4) required statements: true name and address of claimant; name of owner/reputed owner; name of person who employed claimant; statement of demand after credits/offsets; description of property; signed under oath.
☐ Notarize the Claim of Construction Lien.
☐ Record the Claim with the County Clerk (Clerk's Lien Record) in the county where the property lies.
☐ Within 20 days after recording, mail Notice of Filing Claim of Lien with a copy of the claim to the owner and any mortgagee entitled to notice under ORS 87.018(2) (ORS 87.039); retain proof of mailing.
☐ Before suing, deliver Notice of Intent to Foreclose to owner and mortgagee at least 10 days in advance (ORS 87.057) — required to recover attorney fees under ORS 87.060(5).
☐ Respond timely to any owner request for an itemized list of materials and prices (15-day window under ORS 87.057(2)).
☐ Calendar the ordinary 120-day foreclosure deadline from claim filing; if extended payment terms are stated in the filed claim, calendar 120 days after payment expires, subject to the two-year outer limit (ORS 87.055).
☐ Confirm no statutory bond has been substituted under ORS 87.076 (if so, claim must be against the bond).
☐ Document the lienable scope; remove non-lienable items (e.g., off-site materials never delivered, services without improvement).
☐ Assess wrongful-lien exposure and accuracy of amount claimed before recording.

Sources and References

• ORS Chapter 87 (Statutory Liens / Construction Liens) — https://www.oregonlegislature.gov/bills_laws/ors/ors087.html
• ORS § 87.010 — https://oregon.public.law/statutes/ors_87.010
• ORS § 87.021 (Notice of Right to a Lien) — https://oregon.public.law/statutes/ors_87.021
• ORS § 87.035 (Perfecting lien) — https://oregon.public.law/statutes/ors_87.035
• ORS § 87.039 (Notice of Filing Claim of Lien) — https://oregon.public.law/statutes/ors_87.039
• ORS § 87.055 (Duration; commencement of suit) — https://oregon.public.law/statutes/ors_87.055
• ORS § 87.057 (Notice of Intent to Foreclose) — https://oregon.public.law/statutes/ors_87.057
• ORS § 87.060 (Foreclosure) — https://oregon.public.law/statutes/ors_87.060
• ORS § 87.093 (Information Notice to Owner) — https://oregon.public.law/statutes/ors_87.093
• Oregon Construction Contractors Board — https://www.oregon.gov/ccb/
• CCB Notice of Right to a Lien form — https://www.oregon.gov/ccb/Documents/Notice%20of%20right%20to%20lien.pdf