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Can I still file a lien

OregonMechanics LienPreliminary NoticeRecovery OptionsRight to Lien

Did the job and the owner is not paying. Haven’t sent any notices yet and didn’t send a preliminary at the time of signing. I got half down and she didn’t get her loan to do the rest of the work so when we finished one phase now she’s not paying.

1 reply

Nov 10, 2020

Assuming this is a residential project, contractors hired directly by the property owner will need to provide an Information Notice to Owner if the project exceeds $2,000. That notice is given at the time the contract is signed. If the notice is not given, mechanics lien rights won't be available. For commercial jobs, contractors hired directly by the owner won't need to send preliminary notices in order to preserve the right to file a mechanics lien. You can learn the finer details of these notice requirements here: Oregon Preliminary Notice FAQs.

Still, even if mechanics lien rights aren't on the table, other options could lead to payment - like sending invoice reminders or demand letters. Further actions can be useful, too - like the ones discussed here: Can’t File a Lien? Here Are Some Other Options For Recovery.

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