Oregon Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
Oregon has no required lien waiver form. Any form may be used.
Notarization Not Required
Oregon does not require lien waivers to be notarized.
Can Waive Rights in Contract
Oregon law does not specifically prohibit waiving future lien rights through a contract for the related work.
Can Waive Rights Before Payment
Oregon does not specifically prohibit waiving lien rights prior to payment being received.
Lien waivers are exchanged all the time on construction projects in Oregon, just like every other state. But, unlike many other states, not only does Oregon not specifically require certain language or particular forms for lien waivers to be effective, Oregon also doesn’t specifically limit the time period in which an effective waiver can be requested or provided. This means that anybody signing a lien waiver in Oregon should be very careful when doing so.
It’s imperative to note that in Oregon, unlike many other states, somebody who signs a lien waiver is pretty much stuck with it if it clearly waives lien rights. In fact, Oregon law specifically allows a party to waive lien rights prior to performing work in contract, or after work has been performed but prior to any payment being made. Wow.
It is crucial for parties performing work on a Oregon construction project, therefore, to be very, very careful in reading the contract before work starts, and signing and providing lien waivers at any time – because there are few limitations to what the waiver can say, or when it can be provided, in Oregon.
