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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Oregon's mechanic's lien laws to help you protect your right to payment.
Information Notice to Owner required at the time of contract execution for residential projects over $2,000
Notice of Right to Lien required within 8 business days of first furnishing labor and materials (unless in direct contract with the owner)
Generally not required
Not required
Not required
Not required
Within 75 days of last furnishing or after completion of construction, whichever comes first
Within 75 days of last furnishing or after completion of construction, whichever comes first
Within 75 days of last furnishing or after completion of construction, whichever comes first
Within 120 days after filing a lien claim
Within 120 days after filing a lien claim
Within 120 days after filing a lien claim
Unpaid contract amount
Reasonable value for unpaid labor, materials, or equipment
Reasonable value of unpaid labor performed
Oregon's construction lien laws are governed by ORS 87.001 to 87.093 and only apply to private projects. Because public projects cannot be liened in Oregon, parties who are unpaid on public work must seek a remedy through a bond claim under Oregon's Little Miller Act.
Oregon has two critical lien rights nuances that set it apart from other states:
- Most subcontractors and suppliers must send a Notice of Right to a Lien early on in the project. Sending this notice late doesn't wipe out lien rights, but it permanently cuts off lien rights for work performed more than eight business days before the notice is delivered.
- Oregon requires a Notice of Intent to Foreclose before a lien can be enforced, even though no notice is required to file the lien itself.
In Oregon, mechanic’s lien rights extend to parties who furnish labor, materials, transportation, or equipment on a construction project at the request of the owner or the owner’s contractor.
This typically includes:
- General (original) contractors
- Subcontractors of any tier
- Material suppliers and equipment rental companies
- Laborers
- Architects, landscape architects, registered engineers, and land surveyors
- Trustees of employee benefit plans related to labor performed
Oregon law allows mechanic’s liens for work that contributes to an “improvement” on the property—meaning the construction, alteration, repair, or preparation of land or structures (ORS § 87.010).
Here are some examples of what is considered lienable work in Oregon and what isn’t.
Lienable Work in Oregon
- On-site labor
- Materials furnished or transported for use in construction
- Equipment rented for use at the site
- Site preparation, including excavating, surveying, landscaping, and demolition
- Design, engineering, and surveying services
- Construction supervision and project management
- Required employee benefit plan contributions
Non-Lienable Work in Oregon
- Work on public projects
- Materials or equipment not used or intended for the improvement
- Purely administrative, overhead, or office expenses
- Anticipated profits or consequential damages
Before filing a lien in Oregon, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).
Deadline to File
In Oregon, all parties must file a Claim of Lien within 75 days after last furnishing labor, materials, or equipment, or within 75 days after the completion of construction, whichever occurs earlier.
Filing Requirements
- Filing location: Record a Claim of Lien with the recording officer (typically the County Clerk) of the county or counties where the improvement is located.
- Form requirements: Per ORS § 87.035, a valid Claim of Lien must include:
- A true statement of demand (after deducting all credits)
- The owner's name
- The name of the person who hired the claimant
- A property description sufficient for identification
- Verification: The lien must be signed and verified under oath.
- Filing fee: Varies by county.
Service Requirements
After a lien is filed, a copy of it must be mailed to the owner—and any mortgagee who received prior notice—within 20 days, either in person or by registered or certified mail (ORS § 87.039).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Oregon.
Enforcement Requirements
- Pre-enforcement notice: At least 10 days before filing suit, a written Notice of Intent to Foreclose must be delivered to the owner and mortgagee.
- Enforcement deadline: A foreclosure lawsuit must be filed within 120 days after the lien is recorded.
- Deadline extension: The enforcement deadline can be extended only if a payment plan is agreed to and its terms are stated in the original claim of lien under ORS 87.035. Even then, enforcement cannot occur more than two years after the lien was filed.
- Filing location: File the suit in the circuit court of the county where the property is located.
- Lien priority: Lien priority in Oregon typically depends on timing, lien type, and mortgage notice requirements. Priority is ultimately determined by the court during foreclosure.
Lien Release Requirements
Once payment is resolved, the claimant must record a Certificate of Satisfaction within 10 days after being requested to do so. Failure to timely release a paid lien can expose the claimant to damages and attorney’s fees (ORS § 87.346).
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Generally, no. Oregon requires contractors to be properly licensed at the time work is performed to claim lien rights.
Yes. Oregon allows subcontractors, suppliers, equipment lessors, and other lower-tier parties to file mechanic’s liens, even without a direct contract with the owner—provided all applicable notice and timing requirements are met.
No, an owner cannot shorten the statutory deadline to record or enforce a mechanic’s lien in Oregon.
In limited situations, however, the enforcement deadline may be extended if a written payment plan is agreed to and its terms are stated in the original claim of lien. Even then, enforcement cannot be delayed beyond two years from the date the lien is filed (ORS 87.035).
No. Oregon does not require a notice before filing the lien.
In most cases, yes. However, there are some nuances depending on your role and project type.
General contractors must deliver a preliminary notice—called an Information Notice to Owner—at contract signing on residential projects over $2,000. This notice is not required on commercial projects or residential projects below that threshold.
Subcontractors and suppliers must send a Notice of Right to a Lien once per project unless they have a direct contract with the owner. To preserve lien rights for the full value of their work, the notice must be delivered within the first eight days of furnishing labor or materials. If the notice is sent late, it only covers labor or materials provided within the eight business days immediately before the notice was delivered—plus everything furnished afterward. Any work performed before that window permanently loses lien protection.
Individual laborers are generally not required to send a preliminary notice to preserve lien rights under Oregon law.
There is no statutory lien waiver form in Oregon, so parties are free to use any format they choose. We recommend brushing up on the specific rules in our Oregon lien waiver guide before your next project.
In Oregon, a mechanic’s lien can cover the unpaid value of lienable labor, materials, equipment, or services you actually provided to the project.
That said, Oregon lien law is strict about what doesn’t belong in a lien. Generally, a lien should not include:
- Attorney’s fees
- Interest or finance charges (unless a court later awards them)
- Delay, impact, or other consequential damages
- Anticipated or unearned profits
- Administrative or overhead costs that aren’t directly tied to the work performed
Knowingly or willfully overstating a lien in Oregon can put the entire claim at risk and expose you to legal consequences, so it’s best to calculate lien amounts carefully.
Oregon lien law is only really specific about this when it comes to GCs on certain residential projects (a “yes,” in this narrow instance). Even so, having a written contract is strongly recommended to avoid disputes over scope and payment.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.