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How reliminary "right to lien" notice work in Oregon

Hi, I am in Oregon. I see that in Oregon, contractors or subs MUST send "right to lien" notice within 5 or 8 days of stariting/furnishing work. What happens when a contractor has been working for 6 months on a project and then send the notice of right to lien with a service start date which is 6 months back? Can he/she still file lien for all costs that dates back 8 months from the preliminary "right to lien" notice date?

1 reply

Jan 22, 2020

Oregon's preliminary notice requirements have very short timeframes. As mentioned above, a Notice of Right to Lien must be sent after work begins, but no later than 8 days after the first furnishing date. However, I believe the 5-day requirement you refer to above relates to the Information Notice to Owner of Construction Liens - and that document is only required for those hired directly by the owner (not subs). For clarity, here's a breakdown of who must send notice (and what type of notice): Do I Need to Send a Oregon Preliminary Notice? Regarding late notice - a Notice of Right to Lien can be sent late, but it will only preserve the right to lien for the work performed in the 8 days prior to the notice being sent. And, backdating a notice will not serve to reinstate lien rights that may have been lost due to sending a preliminary notice late. Of course, keep in mind that the labor portion of the work will likely be lienable, even if notice wasn't timely sent. So, amounts that relate to labor done (rather than materials furnished) might still be preserved by leveraging or flexing lien rights. Plus, even in situations where lien claims might not be available, there will be other options for recovery.

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