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Action | Deadline |
Pre-Claim Notice
- Notice of Right to a Lien ("NORTAL")
- Residential and commercial projects
- TO: All owners and lenders via certified mail |
Can be given any time during the project; however, note the 8 business days relation back effective period. ORS 87.021
Prime Contractor to Commercial Owner: Not required.
On-Site Labor & Materials: NORTAL only if residential.* ORS 87.021
Materials: NORTAL on all projects unless hired by owner.* ORS 87.021
Rental Equipment: NORTAL on residential projects unless hired by owner. ORS 87.021
(*May need to send to lender in order to maintain priority for materials portion, even on commercial). ORS 87.025 |
Pre-Claim Notice
- Information Notice to Owner
- Residential projects only |
Prime Contractor to Residential Owner: Must give this notice to the homeowner at the time of contract formation. ORS 87.093 |
Claim
- Record construction lien claim with recorder in county where structure is located | Record lien within 75 days from the earlier of Substantial Completion of the project, or the claimant's last substantial day of work on the project. Use only the substantial completion date for architects, engineers, and union trust funds. ORS 87.035 |
Post-Claim Notices
- Send to all owners and lenders via certified mail |
Send within 20 days of lien filing (ORS 87.039) AND at least 10 days before filing lawsuit ORS (87.057).
Watch for ORS 87.057 demands (may lose attorney fee right). |
Lawsuit
- Foreclosure of lien claim
- Necessary parties: all parties with legal interest in the property; also, party in privity | File lawsuit within 120 days from the date of recording the construction lien claim. ORS 87.055
Note attorney fee provisions and limits of ORS 87.060.
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