Claim of Construction Lien-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use at in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Claim of Construction Lien.

Scope: State of Oregon, Private Works.

Time Constraints: You must have served a Preliminary Notice on all required parties before you can establish lien rights in the State of Oregon. Failure to do so negates your lien rights. See the State of Oregon memo on Preliminary Notices, Private Works, for more information.

If you have not been paid in full, you must record your claim of Construction Lien with the county recorder’s office, within 75 days, inclusive, of the completion, or cessation, of your work of improvement or supplying of material or services for improvement. Service copy of said notice on the owners and, if they exist, the general contractors, lenders and sureties, within 20 days of filing your lien using the Notice of Filing Lien.

Perfection: To perfect your Claim of Construction Lien, you must file suit to foreclose the lien within 120 days of recording. The prevailing party is entitled to attorney’s fees at trial and on appeal for valid liens.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time frames required by the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Claim of Construction Lien, Exhibit's A-D, if needed, Notice of Filing Lien, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Claim of Construction Lien and serve with a Notice of Filing Lien upon the owners and general contractors, lenders and sureties (your customer is optional). At this point you are ready to file suit to enforce all of your claims in one action.

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