We typically delivery a plan set (scope of supply and design submittal) to our customer long before delivering labor or materials. However, we haven't been filing our pre-liens until we first drop the materials. Should we be filing the pre-lien based on the date that we deliver th plan sets?...Read More
Is it necessary for a general contractor hired by a property owner to send a notice of intent to lien before they file a mechanics lien? If you don't send the notice of intent, will that affect the lien if it's been filed?...Read More
In Oregon, are there right to lien notices required to be given on commercial projects? Or are these notices strictly meant for consumer protection of home owners? What if any, notices are required to be given on a commercial project?
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Is a notice of lien, Notice of procedure, and Consumer protection notice required to be sent to the owner of the property for any job that we do in the state of Oregon?...Read More
Hello, I'm a needing to know if I can still proceed towards a lien if I have not completed the Notice to Owner. This job is a residential job and I'm the lender and the General contractor working with the owner of the home. ...Read More
question for state of Oregon. can contractor who had contract agreement with owner directly send PRELIMINARY NOTICE through certify mail, without law firm representing the contractor.
- estimated price was given for mitigation to be done, our company does water/fire restoration. client called said that her insurance already paid her for the job to be done, mitigation. our company didn't know what we were going in, because demo needed to be done to dry all the walls and floors. client agreed that she will be charged per hour. she paid retain age fee about 50% of the job done. once final bill came in after clean up , demo, and drying time, client refused to pay and said she won't do it, because she thought it was going to cost her less, actually firm price was never given upfront and client was aware that she will be billed per hour and per drying unit and daily reading drips....Read More
I provided labor on a residential structure as an employee working under a subcontractor who had a contract with the general contractor. Its been over 8 days since I provided my services and I havent gotten paid because the general contractor is refusing to pay the guy who hired me. Am I entitled to file an Oregon Lien to get paid for my labor? Am I required to serve the owner of the property with the Notice of Right to Lien even though its been over 8 days since I worked on the project?...Read More
My parents are in a small dispute with their contractor. There is no formal written contract - only a bid and then an oral agreement to proceed. There is a disagreement on the final amount owing so work has stopped and they have just given my parents a preliminary notice - this is after they have contacted an attorney, my parents have countered with a settlement etc. And of course, work started back in December. From what I read, am I correct in that because 1 - they did not have a written contract and 2 - they did not send the preliminary notice within the first 8 days of getting started, the contractor and his subcontractor will not be able to actually place a lien?...Read More
I am an Oregon homeowner who received a Notice of Right to A Lien from the lumber company, who supplied the materials to my general contractor for a $19k construction project on my home. The notice came via registered USPS mail and I had to sign for it at my doorstep. The notice could easily be perceived as a threat if a homeowner did not know about construction lien laws in their state. Seeing the word "lien" is enough to make your heart skip a beat. I can't imagine this is a common and standard practice of sending these notices out to homeowners unless there is a questionable relationship between the subcontractor or supplier and the general contractor. How common is this practice in Oregon? Do contractors routinely attach the notice to every contract they prepare for a homeowner? Do subcontractors and material companies automatically generate the notice and send via registered mail to homeowners for every residential project? Or, does the industry pick and choose which jobs they think are more at risk? ...Read More
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. ...Read More
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!...Read More
I placed a preliminary notice on a project when S&R Development was our customer. Through some changes, our customer changed from S&R Development to the GC on the project. Do I need to resend new Preliminary notices to show the correct relationship?...Read More
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?...Read More
We work on residential projects and are typically hired by a family member of the Property Owner (son, daughter, etc. of property owner). What notice requirements apply to us in this case? Are we still considered the General Contractor?...Read More