If you’re reading this, you’ve likely encountered an owner or general contractor who refuses to pay what you are owed. Hard-working contractors can be left with their backs against the wall as they scramble to look up lien deadlines for their respective states. All too often, contractors end up losing their lien rights as a result of these strict deadlines. That is something our Portland construction law firm can’t abide by.
Below, one of our Portland contractor lawyers discusses Oregon lien deadlines. If you are a general contractor, subcontractor, or material provider working out of the Beaver State, we hope that this article will shed light on what can be a complicated process. As always, a Portland contractor lawyer with Cotney Construction Law is standing by to assist you with filing a mechanic’s lien.
75 Days to File
Under Oregon law, the deadline to file a mechanic’s lien is the earlier of either:
- 75 days after you last furnished labor or materials; or
- 75 days after project completion
But beware: your lien may be found invalid if you file too early, so be sure to wait until after project completion or your last furnishing date before filing. The above deadlines hold true for general contractors, subcontractors, material providers, and all other parties.
Related: Lien Priority in Oregon
120 Days to Enforce
In addition, all parties have 120 days after filing a mechanic’s lien to enforce it, which means moving forward with a lawsuit. Fortunately, our Portland contractor lawyers find that payment disputes rarely come to that. More often that not, owners will seek to resolve disputes once they see that contractors are serious about claiming owed payment. However, none of this matters unless you take steps to preserve your lien rights.
In order to preserve their lien rights, general contractors must send an Information Notice to Owner at the time of contract signing. All other parties working on a residential project must send a Notice of Right to Lien within just 8 days of providing labor or materials. On commercial projects, only material suppliers are required to send a preliminary notice in accordance with this 8-day deadline; however, we advise all parties to send a preliminary notice anyway in order to preserve their lien rights.
Unfortunately, Oregon has some of the tightest preliminary notice and lien deadlines in the nation. This is just one of the many concerns contractors must be aware of during the lien process. For a legal professional who will guide you through the Oregon mechanic’s lien process, consult the Portland contractor lawyers from Cotney Construction Law.
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.