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Action
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Pre-Claim Notice
(Notice of Right to a Lien "NORTAL")
Send To:
All owners and lenders via certified mail
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Note:There is an 8 business days "reach back" period. ORS 87.021
Prime to Residential Owner: Information Notice to Owner at time of contract formation. ORS 87.093
Prime to Commercial Owner: None
On-Site Labor & Materials: NORTAL only if residential.* ORS 87.021
Materials: NORTAL on all projects unless hired directly by owner.* ORS 87.021
Rental Equipment: NORTAL on residential projects unless hired by owner. ORS 87.021
(*Should send to lender in order to maintain potential priority for materials portion). ORS 87.025
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Claim
Record construction lien claim with recorder in county where project is located.
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Deadline:
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
Note: No lien rights if residential over $2,000 and no written contract. ORS 87.037.
Note: No lien rights if residential and your customer was not properly licensed with CCB.
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Post-Claim Notices
Send to:
All owners and lenders via certified mail.
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Deadline:
Within 20 days of lien recording (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).
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Lawsuit
Foreclosure of lien claim.
Notify: necessary parties: All parties with legal interest in the property. Any party in privity (legal term for a third party who may be affected by your lawsuit).
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Deadline:
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. See also ORS 20.082 (attorney fees for actions under $10,000).
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