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Filing a lien in Oregon

So we supplied material to a job in Oregon. The job is with the Hood River Co. School District. I sent out a preliminary notice when we sent the material. The job was billed on 7-18-17. I call the Contractor that we are supplying to and they said that they haven't been paid yet by the school district. Should I be filing anything yet since the 75 day mark is approaching?

1 reply

Sep 22, 2017

There are a couple things to consider here.

1. To the extent a lien is appropriate, you never want to let deadlines pass by. If the deadline to file is missed, any subsequently recorded lien is untimely and thus, unenforceable. So, if a lien claim is the appropriate remedy, a lien should be prepared and filed prior to the 75th day after your last furnishing to the project.

That being said, however.

2. You note that the job was with the Hood River School District. Accordingly, there is a strong possibility that this is a public job - not a private work of improvement. If this is a public job, a lien would not be the appropriate remedy, as public property cannot be encumbered and sold pursuant to the mechanics lien process. Instead, the ability to secure payment is through a bond claim. Oregon requires all public projects to be protected by a payment bond obtained by the GC. A claim against the payment bond can be made by the bond's beneficiaries, (subs, sub-subs, and suppliers). The deadline to make a claim against a payment bond is 180 days after the claimant last furnished labor and/or materials to the project.

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