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Preliminary Notice timeline on Emergency Services

We are an Emergency Restoration company in Oregon and often get called to jobs that need us to start extraction or emergency services the same day they call us or the next day. How do we handle the (very short) Preliminary Notice situation when it is required 5 days prior to starting work in Oregon? We have very expensive jobs that we need to be able to file lien's on if needed. Thanks!

1 reply

Jul 14, 2020

It sounds like you might be referring to either Oregon's Information Notice to Owner or the Notice of Right to Lien. Though, it's worth clarifying the timeline for sending those notices. If these weren't the notices you were referring to, feel free to contact one of these Oregon construction lawyers for additional clarity: Find a Oregon Construction Lawyer. Or, you can post additional information below. For the basics on Oregon's preliminary notice requirements: Oregon Preliminary Notice Guide and FAQs.

Oregon Information Notice to Owner

If you're hired directly by the property owner, an Information Notice to Owner will be required on owner-occupied residential projects exceeding $2,000. The notice should generally either be included right in the contract itself, or sent within 10 days of signing the contract. If the project was originally supposed to be less than $2,000, but then exceeds that threshold - notice must be given within 5 days. But, to avoid that issue, it's better to simply provide the notice on all owner-occupied residential jobs.

Oregon Notice of Right to Lien

A Notice of Right to Lien is required for parties hired by someone other than the owner on an owner-occupied residential project. The notice is also required for suppliers & specialty material manufacturers on commercial jobs. This notice must be sent within 8 days of beginning work.

What to do when notice timelines are tight

First, note that neither notice is required days before the project begins. Still, the timelines are tight. For the Information Notice to Owner, it might be wise to either make that a part of the form contract being used, or to carry blank copies of the notice to execute along with the contract, separately. Still, even if that's not done, there are a few days to get that sent. For the Notice of Right to Lien, there's a little more flexibility since it isn't sent until after work begins. Still, having the notice ready to go right when work begins could avoid potential pitfalls. In any event, here are free, downloadable templates for both notices which might come in handy: - Oregon Information Notice to Owner Form - Oregon Notice of Right to Lien Form

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