This Oregon lien law summary explains how property owners, contractors, laborers, consumers, and subcontractors can protect themselves by securing their payment for the project.
Reviewed for Accuracy by Mechanics Lien Specialists, Updated: December 2025
Oregon construction lien laws allow contractors, subcontractors, and material suppliers to file a legal claim against a property to secure payment for labor or materials. To be valid, you must meet the following deadlines:
Important Note: This article is not legal advice. We’re not lawyers, so please consult a professional for your specific situation. Still, we hope to help guide your next steps.
Talk to our lien experts or file with us.
Oregon’s construction lien law (ORS Chapter 87) lets certain contractors, subcontractors, suppliers, and other improvement-related parties record a lien against property to secure payment for labor, materials, equipment rental, and certain services. A lien only works if you follow Oregon’s notice, recording, and timing requirements.
A construction lien (often called a mechanic’s lien) is a charge or security interest filed against a property by contractors, subcontractors, or suppliers. It prevents the owner from selling or refinancing the property until they pay for the labor or materials provided.
Oregon law (ORS 87.007) protects new home buyers from construction liens that are perfected after the sale closes. If a contractor files a lien after the deed is recorded in the new owner’s name, that lien is generally invalid against the property.
How Timing Affects the Lien:
Oregon law (ORS 87.010) grants lien rights to almost any party that provides labor, materials, or professional services to improve a property. If you increased the value of the land at the owner’s request, you generally have the right to file a lien.
Strict delivery rules apply to all Oregon lien notices. Sending a text or regular email is not enough. To protect your legal rights, you must deliver notices using one of the following methods:
Important Note: If you use mail, the notice is considered “delivered” on the day you deposit it in the mail, not the day it arrives.
Who must provide the Information Notice to Owner?
The original/prime contractor on certain residential construction/improvement contracts.
When and how to provide the Information Notice:
Provide it at the time the residential contract is signed (and follow the statute’s allowed delivery methods).
Consequences for failure to provide the Information Notice to Owner:
If required and not delivered correctly, the original contractor may lose Oregon lien rights for that residential contract.
The Rule: Most parties who do not have a direct contract with the property owner must send a Notice of Right to Lien to protect their payment rights.
| Your Role | Do You Need to Send Notice? |
|---|---|
| Material Suppliers | YES. Must send within 8 business days of first delivery. |
| Equipment Lessors | YES. Must send within 8 business days of first delivery. |
| Subcontractors | YES. (Unless you are working on a commercial project, though it is still recommended). |
| Direct Contractors | NO. (However, residential prime contractors must send a different Information Notice to Owner). |
If you send the Notice of Right to a Lien late, your lien may only cover labor, materials, equipment, or services furnished on or after a date that is 8 days (excluding weekends and holidays) before the notice was mailed. So late notice can reduce what amounts are lienable.
The Format: Oregon law requires specific language to be included in the pre-lien notice. It serves as a warning to the homeowner that they could be liable for double payment if they pay the contractor, but the contractor fails to pay them.
Your Notice Must Include:
The Definition: “Perfecting” a lien simply means legally recording it with the county. A lien is not valid until it is recorded.
The Deadline: You must file your specific “Claim of Lien” with the county recording officer within 75 days of:
(Whichever happens earlier).
After Filing (The 20-Day Rule):
Once recorded, you must mail a copy of the lien to the property owner and any mortgage lenders within 20 days. If you skip this step, you cannot recover attorney fees later.
Quick Answer: Oregon liens are short-lived. A construction lien expires 120 days after it is recorded unless you take legal action.
To keep the lien alive, you must file a lawsuit to foreclose on the lien before the 120-day clock runs out. You cannot simply “renew” a lien in Oregon; you must enforce it or lose it.
The Process: Foreclosure is the legal process of forcing the sale of the property to pay your debt.
ORS 87.057 requires a Notice of Intent to Foreclose in specific situations and addresses notice-related consequences tied to foreclosure timing and communications (including to mortgagees).
Yes. Oregon lien claims are recorded with the county, so a lien can exist even if you don’t personally see it right away. That said, Oregon law also requires mailing a copy of the recorded lien to the owner (and mortgagee) within a set time after filing, so owners often learn about it shortly after recording.
In general, a lien claimant must perfect (record) the lien within 75 days after they stop furnishing labor/renting equipment/furnishing materials, or within 75 days after completion of construction—whichever is earlier.
Yes. A lien generally stops binding the property 120 days after the claim of lien is filed unless a lawsuit is filed within that time to enforce it (and Oregon also limits how long a lien can be kept alive by “extended payment” language).
The Information Notice to Owner is given by the original contractor on certain residential contracts at signing, while the Notice of Right to a Lien is typically mailed by subcontractors/suppliers/equipment lessors early to preserve full lien coverage.
| Information Notice to Owner (ORS 87.093) | Notice of Right to a Lien (ORS 87.021 / 87.023) | |
|---|---|---|
| What it is | Owner disclosure/consumer notice for certain residential contracts. | Pre-lien notice that preserves lien coverage and warns owners about potential “double payment.” |
| Who sends it | The original/prime contractor on covered residential contracts. | Typically subcontractors, suppliers, and equipment lessors (often parties without a direct contract with the owner). |
| When it’s given | At contract signing for covered residential contracts. | Early in the job (mail promptly after first furnishing to preserve the broadest coverage). |
| Why it matters | It’s a gatekeeping requirement tied to the prime’s lien rights on certain residential work. | It protects the sender’s ability to lien—especially for amounts furnished before the notice date window. |
| If you miss it | High risk: Missing it can bar the prime contractor’s lien rights on covered residential contracts. | Reduced coverage: Sending it late can reduce what amounts are protected (you may not be able to lien for older labor/materials). |
| Bottom line | Not interchangeable with the Notice of Right to a Lien. | Not interchangeable with the Information Notice to Owner. |
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Record the claim of lien with the recording officer in the county where the improvement is located; if the project spans counties, record in each relevant county. Filing in the wrong county can make the lien unenforceable in practice because it wasn’t properly recorded where it must be recorded.
Oregon requires a property description “sufficient for identification,” and courts have upheld liens even when the description contains errors, provided interested parties can still identify the property without prejudice. Practically: use the street address plus as much additional identifying info as possible (tax lot/map info if available) to reduce challenges.
Yes. Oregon allows a lien to be released from the property by posting a bond or depositing money, and the statute sets the amount (generally 150% of the lien claim, subject to minimums). This doesn’t erase your claim; it usually shifts the fight from the property to the bond.
Not always. Oregon has lien-priority rules (and exceptions), and notice timing to lenders can affect priority in certain situations (especially for materials/supplies). This is one of the biggest “I filed a lien but still didn’t get paid” surprises.
Read our step-by-step simplified guide on how to file a mechanics lien in Oregon . We will help you understand the construction lien process from start to finish.
No. In Oregon, you don’t need to send a “Notice of Intent to Lien” before filing a mechanics lien. However, you must meet certain preliminary notice requirements to preserve your lien rights. Also, a Notice of Intent to Foreclose is required after filing a lien but before enforcing it.
Yes. An Oregon mechanics lien, or Claim of Construction Lien, must be notarized to be valid. Under ORS 87.035(4), the claim must be verified by oath, which requires a notary public to witness the signer’s signature.
The cost to file a mechanics lien in Oregon in 2025 typically ranges from $76 to $90 for a standard one-page document, depending on the county. Total costs may increase if you use professional services or have a multi-page document. Check out Northwest Lien’s transparent and affordable pricing.
Northwest Lien Service has been a trusted lien provider since 1999, helping contractors and subcontractors secure payments quickly and accurately. Let our experts manage the paperwork to ensure compliance with ORS statutes so that you can focus on your next project.
Oregon’s 75-day deadline is strict. Secure your payment before it’s too late.
