Oregon Notice of Right to a Lien & Construction Lien — County Recording Officer Filing Guide (ORS 87.021 / 87.035 / 87.057, 2026)
✓ Verified against Oregon statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Oregon mechanics lien deadlines at a glance
Preliminary Notice
8 days (res) — Info Notice to Owner
Mechanics Lien
75 days — From completion
Enforcement
120 days — From filing
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What Is the Oregon Notice of Right to a Lien and How Does the Lien Framework Work?
The Oregon Notice of Right to a Lien is the procedural entry point into Oregon's construction lien framework under ORS Chapter 87 ('Statutory Liens — Construction Liens,' ORS 87.001 through 87.099). Oregon uses 'construction lien' rather than 'mechanics lien' as the statutory term, but the substance is the same: persons furnishing labor, materials, equipment, or services for the improvement of real property hold a lien on the improvement and the underlying real property for the contract price. Oregon's framework is distinctive in three respects: it imposes one of the strictest pre-lien notice windows in the United States (8 business days under ORS 87.021); the ORS 87.035 75-day Claim of Lien recording window runs from the EARLIER of the claimant's cessation of furnishing or completion of construction; and the ORS 87.055 / 87.057 enforcement clock is short (120 days from filing the Claim of Lien). Oregon records construction liens with the recording officer of the county in which the improvement is situated — the Multnomah County Recording Office (Portland) and the Washington County Recorder (Hillsboro / Beaverton) are the largest commercial-construction recording offices, followed by Clackamas, Lane (Eugene), Marion (Salem), Jackson (Medford), and Deschutes (Bend).
Who Must Send the Notice of Right to a Lien and Who Has Lien Rights?
Every person furnishing materials, equipment, services, or labor for the improvement of real property holds Oregon construction lien rights under ORS 87.010 — original (general) contractors, subcontractors, sub-subcontractors, material suppliers, equipment lessors, design professionals, and laborers. But not every claimant must send the ORS 87.021 Notice of Right to a Lien. The original (general) contractor whose work was furnished at the direct request of the owner is exempt. Laborers whose lien claim is based solely on performing labor are generally relieved of the sub-tier notice obligation. Subcontractors, sub-subcontractors, material suppliers, equipment lessors, and design professionals not in privity with the owner must each send the notice within 8 business days of first furnishing — by certified or registered mail with return receipt requested, by personal delivery, or by any manner that provides actual notice. When in doubt — particularly for a supplier or equipment lessor selling or renting to the prime contractor — send the notice; there is no penalty for sending it when not required, and there is permanent forfeiture for failing to send it when required.
When the Notice of Right to a Lien and Claim of Lien Must Be Filed
The ORS 87.021 Notice of Right to a Lien runs from the claimant's first delivery of materials or first performance of work and must be sent not later than 8 business days, not including Saturdays, Sundays, or holidays defined in ORS 187.010, after that first-furnishing date. A late notice is not void but limits the eventual Claim of Lien to materials, equipment, services, or labor furnished after a date 8 business days before the late notice was sent. The ORS 87.035 Claim of Lien recording deadline is 75 days from the EARLIER of (a) the claimant's cessation of furnishing OR (b) completion of construction — a subcontractor whose scope finished early cannot rely on overall completion to extend its window. The ORS 87.055 / 87.057 120-day foreclosure window runs from the Claim of Lien filing date. The ORS 87.039 Notice of Intent to Foreclose must be mailed by certified or registered mail with return receipt requested at least 10 days before the foreclosure suit.
Required Information on the Oregon Notice of Right to a Lien
ORS 87.023 prescribes the form and content of the Notice of Right to a Lien, including statutorily worded warning language that explains to the owner how subcontractor and supplier lien rights arise — even after the owner has paid the original contractor — and how the owner can reduce exposure (lien waivers, joint checks, requests for a list of those furnishing materials and labor under ORS 87.027). Required content: date of the notice; name and address of the owner or reputed owner; name, address, and telephone number of the lien claimant; name of the person who contracted with the claimant; description of the property sufficient for identification; general description of the materials, equipment, services, or labor; and the statutorily prescribed warning to the owner. Verify the owner-of-record name and address against the county assessor and recorder records, the original contractor's CCB license number through ccb.oregon.gov, and the property's legal description before sending.
How to Send the Notice and Where to Record the Claim of Lien
The ORS 87.021 Notice of Right to a Lien is SENT to the owner or reputed owner of the site — it is not recorded with the county recording officer. Service runs by certified or registered mail with return receipt requested, by personal delivery with evidence of delivery, or by any other manner that provides actual notice. The actual Claim of Lien is filed with the recording officer of the county in which the improvement is situated under ORS 87.035 (Multnomah, Washington, Clackamas, Lane, Marion, Jackson, Deschutes, and Oregon's other 29 county recording offices). The Claim of Lien must be verified by the oath of the claimant or another person having knowledge of the facts and must include the demand (after deducting all just credits and offsets), the owner or reputed owner, the person who employed the claimant or to whom materials were furnished, and a description of the property sufficient for identification.
Amending the Notice, ORS 87.027 Owner Information Requests, and the ORS 87.083 Release Bond
When project facts change on an Oregon project, the better practice is to send an updated ORS 87.021 Notice of Right to a Lien to the current owner. Oregon also gives the owner a tool under ORS 87.027 to request a written list of all persons furnishing materials or labor — claimants who respond promptly typically have a stronger record in the foreclosure litigation. After a Claim of Lien is recorded, the owner, the original contractor, or the construction lender may remove the lien encumbrance from the property by posting a bond under ORS 87.083, conditioned to satisfy any judgment on the lien in an amount adequate to cover the lien claim plus interest, costs, and statutorily authorized attorney fees. Recording the ORS 87.083 bond transfers the lien from the real property to the bond, clearing title for a construction-loan payoff or a sale closing while preserving the claimant's recovery against the bond.
Frequently Asked Questions
Who must send an Oregon Notice of Right to a Lien?
Under ORS 87.021, every person furnishing materials, equipment, services, or labor for the improvement of real property must give a Notice of Right to a Lien to the owner — except when furnished at the direct request of the owner. In practice, sub-tier claimants (subcontractors, sub-subcontractors, material suppliers, equipment lessors, design professionals not in privity with the owner) must send the notice; original (general) contractors in privity with the owner and laborers whose claim is based solely on labor are generally exempt. The notice must be sent not later than 8 business days, not including Saturdays, Sundays, or holidays defined in ORS 187.010, after first providing materials, equipment, services, or labor.
What happens if the Oregon Notice of Right to a Lien is sent late?
It is not void. Under ORS 87.021, a late notice limits the eventual ORS 87.035 Claim of Lien to materials, equipment, services, or labor furnished after a date 8 business days before the notice was sent. Furnishing more than 8 business days before the late notice is forfeited from the lien claim. Oregon's 8-business-day window is one of the strictest pre-lien notice windows in the United States.
When must the Oregon Claim of Lien be recorded?
Under ORS 87.035, the Claim of Lien must be verified by oath and filed with the recording officer of the county in which the improvement is situated within 75 days after the claimant ceases to provide labor, rent equipment, or furnish materials or services, OR within 75 days after completion of construction — whichever is EARLIER. The 75-day clock runs from the EARLIER of those two events.
How long does an Oregon construction lien last?
Under ORS 87.055, a construction lien does not bind the property for longer than 120 days after the claim of lien is filed unless a suit is brought in a proper court within that time to enforce the lien. ORS 87.057 requires that at least 10 days before the foreclosure suit, the lien claimant mail to the owner and any mortgagee by certified or registered mail with return receipt requested a Notice of Intent to Foreclose listing the amount and items of the claim. Missing the 120-day window extinguishes the lien by operation of law.
What is the ORS 87.039 Notice of Intent to Foreclose?
Under ORS 87.039, at least 10 days before commencement of a suit to foreclose a construction lien, the lien claimant must mail to the owner and any mortgagee of the property a Notice of Intent to Foreclose by certified or registered mail, return receipt requested, listing the amount of the lien claim and the items contained in the claim. The 10-day Notice of Intent is a separate procedural gate from the ORS 87.021 Notice of Right to a Lien and the ORS 87.035 Claim of Lien.
Does Oregon require an owner-filed Notice of Commencement?
No. Oregon does not impose a Notice of Commencement filing obligation on owners. Oregon's procedural entry point for sub-tier claimants is the claimant's own ORS 87.021 Notice of Right to a Lien. On residential contracts for $2,000 or more, ORS 87.093 separately requires the original (general) contractor to deliver an Information Notice to Owner About Construction Liens at signing — but that is a contractor-to-owner disclosure, not a recorded commencement filing.
Can an unlicensed Oregon contractor record or foreclose a construction lien?
Under ORS 701.131, a contractor may not perfect a claim of construction lien or commence a suit, action, or other judicial or administrative proceeding for compensation for the performance of any work or for the breach of any contract for work, unless the contractor (1) had a current, valid CCB license at the time the contractor bid or entered into the contract, AND (2) is licensed at the time the action or suit is commenced. An unlicensed or lapsed-licensure contractor that records a Claim of Lien generally cannot perfect or enforce it. CCB licensure is effectively a precondition to a usable Oregon construction lien — verify through ccb.oregon.gov.