NOTICE OF RIGHT TO CONSTRUCTION LIEN
State of Oregon
[// GUIDANCE: This template is drafted to comply with Or. Rev. Stat. §§ 87.018 & 87.021 (2021) and is intended for use by any contractor, subcontractor, or material supplier without a direct contract with the Owner. Edit bracketed items, then serve in strict conformity with the statute.]
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I. DOCUMENT HEADER
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- Title: PRE-LIEN NOTICE / NOTICE TO OWNER – OREGON
- Claimant: [LEGAL NAME OF CLAIMANT] (“Claimant”)
• CCB License No.: [_] (if applicable)
• Mailing Address: [_]
• Phone / Email: [__] - Owner: [FULL LEGAL NAME OF RECORD OWNER] (“Owner”)
• Mailing Address: [__] - Project: [PROJECT NAME / DESCRIPTION]
- Property: [LEGAL DESCRIPTION OR STREET ADDRESS AND COUNTY] (“Property”)
- General Contractor (if any): [__]
- Effective Date of Notice: [DATE] (“Notice Date”)
- Governing Law & Venue: State of Oregon; exclusive venue in the circuit court of the county in which the Property is situated.
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II. DEFINITIONS
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“Claim” means Claimant’s statutory right to record and foreclose a construction lien under the Statute.
“First Furnishing Date” means the first business day on which Claimant furnished Labor, Materials, or Equipment to the Project: [DATE].
“Labor, Materials, or Equipment” means the goods and/or services described in § III.2 below.
“Statute” means Oregon’s Construction Lien Law, Or. Rev. Stat. §§ 87.001 et seq. (2021).
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III. OPERATIVE PROVISIONS
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3.1 Statutory Notice. Pursuant to the Statute, Claimant hereby gives notice of its potential right to claim a construction lien against the Property for the unpaid value of Labor, Materials, or Equipment furnished or to be furnished by Claimant for the Project.
3.2 Scope of Furnishing.
a. Description: [DETAILED DESCRIPTION OF WORK/MATERIALS].
b. Contracting Party: [NAME OF PARTY WITH WHOM CLAIMANT CONTRACTED].
c. Estimated Price / Contract Value: $[__] (not to exceed the Work-Performed Value Cap in § VII).
3.3 Timing Compliance. This Notice is being served no later than eight (8) business days after the First Furnishing Date, or, if3.3 Timing Compliance. This Notice is being served no later than eight (8) business days after the First Furnishing Date, or, if later, Claimant acknowledges its lien rights will only relate back to the eighth (8th) business day prior to the mailing or delivery of this Notice and forward.
3.4 Statutory Warning Language (ORS 87.021(2)) – MUST APPEAR EXACTLY AS SET OUT BELOW:
NOTICE OF RIGHT TO LIEN
To: [OWNER NAME & ADDRESS]
Date of Mailing or Delivery: [NOTICE DATE]
This is to inform you that [CLAIMANT NAME] has begun to provide labor, materials or equipment for the improvement of property described as [PROPERTY DESCRIPTION], which is owned by you. A construction lien may be claimed for all or part of the price of labor, materials or equipment provided by the undersigned. EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL, your property may still be subject to a lien if your contractor, subcontractor, or the person that supplied the labor, materials or equipment has not been paid.
TO PROTECT YOURSELF, make sure you receive lien waivers from every person or business that provides labor, materials or equipment for the construction project, and verify that all bills are paid. When in doubt, consult your attorney.
[// GUIDANCE: Do not edit the language inside this block except to complete bracketed placeholders. The statute requires the text to be “substantially” in this form and in at least 10-point type.]
3.5 Service of Notice. In accordance with Or. Rev. Stat. § 87.018(1), Claimant will serve this Notice by one of the following legally-authorized methods (select one and document below):
• Personal delivery to Owner (obtain signed receipt),
• Registered or certified mail, return-receipt requested, to Owner’s last-known address, or
• Any other method permitted under the Statute or by written acknowledgment of receipt.
Service Method Selected: [_]
Date of Service: [_]
Proof of Service Attached: Yes ☐ No ☐
3.6 Owner’s Right to Information. Upon written demand, Claimant shall within five (5) business days furnish Owner with a complete, itemized statement of account for all Labor, Materials, or Equipment furnished to date.
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IV. REPRESENTATIONS & WARRANTIES
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4.1 Claimant represents and warrants that:
a. It is duly licensed (if required) and authorized to perform the work described herein;
b. The information in this Notice is true and correct to the best of Claimant’s knowledge;
c. Claimant has actually commenced—or will imminently commence—furnishing Labor, Materials, or Equipment to the Project; and
d. Claimant will update Owner in writing of any material changes to the information contained in this Notice.
4.2 Survival. The representations and warranties in this Section IV shall survive delivery of this Notice and recording or foreclosure of any resulting lien.
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V. COVENANTS & RESTRICTIONS
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5.1 Statutory Compliance. Claimant covenants to comply with all requirements of the Statute in perfecting, recording, and—if necessary—foreclosing any construction lien.
5.2 Cooperation. Owner shall provide reasonable access to the Property for performance of the contracted scope of work and will not unreasonably withhold or delay execution of commercially-reasonable lien waivers upon receipt of evidence of payment.
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VI. DEFAULT & REMEDIES
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6.1 Events of Default. Each of the following constitutes a default by Owner:
a. Failure to timely pay amounts due to the party with whom Owner contracted, resulting in non-payment to Claimant;
b. Failure to comply with the Statute’s demand-for-information procedures.
6.2 Remedies. Upon default, Claimant may, in its sole discretion and in accordance with the Statute:
a. Record a Claim of Lien against the Property for the unpaid portion of its contract price,
b. Foreclose the lien in Oregon circuit court, and
c. Seek recovery of interest, costs, and reasonable attorney fees as permitted by law.
6.3 Notice & Cure. Unless an emergency or statutory deadline requires earlier action, Claimant will provide Owner with written notice of default and a five (5) calendar-day opportunity to cure before recording its Claim of Lien.
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VII. RISK ALLOCATION
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7.1 Liability Cap. In no event shall Claimant’s liability to Owner exceed the lesser of:
(i) the unpaid balance of the Work-Performed Value ($[__]), or
(ii) the amount recoverable under the Statute.
7.2 No Indemnification. As specified in the metadata, no contractual indemnification obligation is created by this Notice.
7.3 Force Majeure. Claimant shall not be liable for delays or non-performance caused by acts of God, governmental actions, labor disputes, pandemics, or other events outside Claimant’s reasonable control.
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VIII. DISPUTE RESOLUTION
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8.1 Governing Law. This Notice and any ensuing lien, foreclosure, or related dispute shall be governed by the laws of the State of Oregon without regard to conflict-of-laws principles.
8.2 Forum Selection. The parties consent to exclusive jurisdiction and venue in the circuit court for the county in which the Property is located.
8.3 Arbitration. Not applicable.
8.4 Jury Waiver. Not applicable.
8.5 Injunctive Relief. Nothing herein limits Claimant’s statutory right to seek provisional process, including but not limited to an order of foreclosure or other equitable relief necessary to preserve or enforce the lien.
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IX. GENERAL PROVISIONS
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9.1 Entire Agreement. This Notice contains the entire statement of Claimant’s statutory rights and supersedes all prior oral or written communications regarding pre-lien notice.
9.2 Amendments; Waiver. No amendment or waiver of any provision of this Notice shall be effective unless in writing and signed by the party against whom enforcement is sought.
9.3 Assignment. Claimant may assign its rights arising from this Notice and any resulting lien to a third party finance provider or successor-in-interest without Owner’s consent.
9.4 Severability. If a court of competent jurisdiction deems any provision of this Notice invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed to achieve, as nearly as possible, the original intent.
9.5 Counterparts; Electronic Signatures. This Notice may be executed in one or more counterparts (including via PDF or secure electronic signature), each of which shall be deemed an original and all of which together shall constitute one instrument.
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X. EXECUTION BLOCK
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IN WITNESS WHEREOF, the undersigned Claimant has executed this Notice effective as of the Notice Date identified above.
CLAIMANT:
[LEGAL NAME OF CLAIMANT]
By: _____
Name: ____
Title: ____
Date: ____
[OPTIONAL NOTARIZATION – recommend for evidentiary purposes]
State of _ )
County of ______ ) SS.
Subscribed and sworn before me this ___ day of _, 20_ by ________, who is personally known to me or has produced satisfactory evidence of identity.
Notary Public for the State of _
Commission No.: ____
My Commission Expires: _____
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CERTIFICATE OF SERVICE
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I, the undersigned, certify under penalty of perjury that I served a true and correct copy of the foregoing Notice of Right to Lien on the Owner identified above on the Service Date indicated in § III.5 by the Service Method specified therein, and that proof of such service (postal receipt, signed delivery acknowledgment, or equivalent) is attached hereto.
[Name & Title of Signatory]
Date: _______
[// GUIDANCE: Attach postal receipts, delivery confirmations, or signed acknowledgments immediately behind this page. Retain all originals for your lien file. Failure to establish proper service within the statutory timeframe can forfeit lien rights.]