Performance on any construction project is predicated on consistent and uninterrupted cash flow. However, payment issues are commonly the source of construction litigation. Not being paid for your work is a stressful situation for any construction professional. Fortunately, construction lien laws protect those who find themselves in this situation.
Portland Construction Lien Lawyers Can Help Recover Payments
Lien laws help lienors recover money owed to them. If you are a subcontractor, laborer, material supplier, or equipment rental company that has not been paid for your services or materials provided, contact a Portland construction lien lawyer from Cotney Construction Law to begin the lien filing process. We prepare the necessary lien and bond documents for our clients at fixed prices.
Understanding Oregon Lien Law
Filing a lien is a complicated process. We recommend contacting a Portland construction lien lawyer who has a deep understanding of Oregon’s lien laws. Under Oregon’s construction lien law, “anyone who constructs improvements on property, supplies materials, rents equipment, or provides services for improvements” is entitled to collect payment against that property if they are not paid for their services. Although you may not be in a direct contract with the property owner, the owner is still liable for payment if the general contractor does not pay you.
What Notices Are Required?
The Information Notice to Owner must be provided by a contractor that is in direct contract with a residential property owner or the person who sells a new residence to an owner. An Information Notice to Owner explains Oregon lien law and describes the rights and responsibilities of property owners and general contractors.
A Notice of Right to a Lien informs a property owner of your intent to file a lien against their property for nonpayment. The notice informs the property owner of who intends to file the lien and the services and materials for which pay is outstanding.
Information on these notices can be found on Oregon.gov and should not be confused with the actual filing of a lien. An official lien is filed with the recording officer in the county or counties where the construction occurred. Failure to deliver the appropriate notices at the appropriate time may lead to forfeiture of a lienor’s right to file a lien. An improperly filed lien is deemed unenforceable.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.