OR · Mechanics Lien Law
Oregon Mechanics Lien Law: Deadlines, Notices & Filing Guide
Oregon construction liens must be recorded within 75 days of the earlier of last furnishing or substantial completion under ORS 87.035, with public bond claims governed by ORS 279C.605. The short 8-day preliminary notice window is one of the tightest in the country.
Oregon mechanics lien deadlines at a glance
Subcontractors and suppliers not in direct contract with the owner must serve a Notice of Right to Lien within 8 days, or 8 business days on residential projects, of first furnishing labor or materials. Serving the notice late does not eliminate lien rights but limits protection to work performed in the 8-day window immediately before service.
An Oregon construction lien must be recorded within 75 days after the earlier of the claimant's last furnishing of labor or materials or the project's substantial completion, under ORS 87.035. Because the trigger date is the earlier of two events, claimants should track substantial completion as closely as their own last furnishing date.
A foreclosure lawsuit must be commenced within 120 days of recording the lien. If the claimant and owner arrange a written payment plan stated in the lien claim, that deadline can extend to 120 days after the payment period expires, though it can never exceed an absolute maximum of two years from recording.
A claimant on an Oregon public works project must serve written notice of its bond claim within 180 days of its last date of furnishing labor or materials.
Primary statute
ORS 87.035 · ORS 279C.605
Who can file a mechanics lien in Oregon?
Contractors, subcontractors, sub-subcontractors, material suppliers, and qualifying design professionals may claim an Oregon construction lien for labor, materials, or services furnished to the improvement.
Overview of Oregon lien practice
Oregon compresses its lien timeline more than most states, starting with an 8-day (or 8-business-day for residential work) window for subcontractors and suppliers to serve a Notice of Right to Lien after first furnishing labor or materials. Missing that window does not forfeit lien rights outright, but it limits recovery to work performed only in the 8 days immediately preceding service, so early diligence pays off. The recording deadline itself runs 75 days from the earlier of last furnishing or substantial completion under ORS 87.035, which means claimants who do not know the project's substantial completion date should rely on their own last furnishing date as the safer benchmark. Once recorded, foreclosure must begin within 120 days, though a written payment plan referenced in the lien claim can extend that period, capped at an absolute two years from recording. Public project claimants face a separate 180-day bond claim notice deadline under ORS 279C.605. Recording in the correct county, confirming the true owner of record, and recognizing that federal property cannot be liened all remain essential practice basics in Oregon as elsewhere.
Common pitfalls on Oregon projects
Missing the 8-day notice window
Late notice under the Notice of Right to Lien only protects labor or materials furnished in the 8-day (or 8-business-day) window preceding service.
Not knowing the substantial completion date
When substantial completion is uncertain, claimants should rely on their own last furnishing date as the safe-harbor trigger for the 75-day recording deadline.
Assuming the 120-day suit deadline is fixed
A written payment plan referenced in the lien claim can extend the suit deadline, but never beyond an absolute two years from recording.
Overlooking the residential notice variation
Residential projects use an 8-business-day notice period rather than the 8-calendar-day period that applies to commercial work.
Oregon mechanics lien FAQs
When must a mechanics lien be recorded in Oregon?
The lien must be recorded within 75 days after the earlier of the claimant's last furnishing of labor or materials or the project's substantial completion, per ORS 87.035.
Is preliminary notice required in Oregon?
Subcontractors and suppliers not in direct contract with the owner must serve a Notice of Right to Lien within 8 days (or 8 business days for residential work) of first furnishing.
How long do I have to enforce a lien in Oregon?
Foreclosure must be commenced within 120 days of recording, extendable to 120 days after a written payment plan's expiration, but never beyond two years from recording.
What about Oregon public projects?
A public works bond claimant must serve written notice of claim within 180 days of its last date of furnishing labor or materials.
Filing a Oregon mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.