Preliminary Notice-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 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: Notice of the Right to Claim a Lien.

Scope: State of Oregon, Private Works

Time Constraints: An Oregon Notice of the Right to Claim a Lien Notice must be prepared and served on the owners, general contractors and lenders (and sureties, if one exists) by personal service or certified mail no later than 8 days (not including Saturday, Sunday, or holidays) after the first furnishing of labor, materials or service if you want to establish a right to lien for the prior 8 days.

This notice is actually required if you supply materials only to a job. However, to prevent problems we strongly urge you to serve notice in any case.

The notice sent must be complete, including the "Information Notice to Owner", or you can be assessed fines up to $5,000.00.

Information Requirements: The information required by program and whether you intend to send an owner cover letter.

Form Types: Notice of the Right to Claim a Lien, Exhibits A-D (if needed) and Owner Letter (if used).

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Copies of all of the forms (less the Owner Cover Letter and the Recorder Letter) must be sent to all legal owners, all general contractors, all lenders and all sureties. Sending a copy to your customer is optional (unless they ARE the owners, general contractors, lenders or sureties).

When in doubt, file your lien claim immediately.

Important: If you fail to prepare and serve your Preliminary Notice within the statutory period noted above after first furnishing of labor, materials or service, you will lose your right to perfect your lien.

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