How to File a Mechanics Lien in Oregon
Step 1 — Confirm you have lien rights in Oregon
Oregon's recorded rules cover subcontractors and suppliers, general contractors (ORS § 87.021). Each of those roles has its own filing window — see Step 3. Oregon rule detail: REQUIRED for those not in direct contract with owner: serve notice within 8 BUSINESS DAYS of first furnishing. One of the strictest prelim notice deadlines in the US.
Step 2 — Send the Oregon preliminary notice
Oregon requires a preliminary notice 8 days (res), info notice to owner (ORS § 87.035). It is a precondition, not a formality. It must reach County Clerk and Owner and GC and Prime Contractor and Surety and Prime Contractor and Construction Lender. Delivery: Certified Mail, Return Receipt Requested. Oregon rule detail: File claim of lien within 75 days of last furnishing of labor, materials, or equipment.
Step 3 — Your Oregon filing deadline
Oregon sets the window by claimant role: • Subcontractors and suppliers: within 75 days of your last day of work or materials. • General contractors: within 75 days of your last day of work or materials. The clock runs from completion — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Oregon rule detail: File claim of lien within 75 days of last furnishing. Serve copy on owner within 20 days of recording.
Step 4 — Prepare and record the lien in Oregon
Record in the county where the property sits, under ORS § 87.055. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Oregon rule detail: File suit to enforce lien within 120 days of recording. Very short window — act immediately after recording.
Step 5 — Serve the recorded Oregon lien
Oregon requires service on County Clerk and Owner and GC and Prime Contractor and Surety and Prime Contractor and Construction Lender. Use Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Oregon rule detail: Written notice within 180 days of last furnishing on public works projects.
Step 6 — Enforce before the Oregon deadline expires
You must sue to foreclose within 120 days (filing) (ORS § 279C.600). Miss it and the lien expires and title clears, leaving only a contract claim. Oregon rule detail: File suit on payment bond within 2 years of last furnishing.
Oregon stop notice option
Oregon also recognises a stop notice, which reaches undisbursed construction funds rather than the property itself (ORS § 87.076). It can be used alongside a lien. Oregon rule detail: No sooner than 90 days, no later than 1 year.
Retainage rules that affect your Oregon claim
Oregon treats retainage on its own schedule (ORS § 279C.570), so money still held back may have a different due date than your progress billings. Oregon rule detail: Public works: prime must pay sub within 10 days of receiving payment from owner. Private: interest at 2%/month after 30 days past due.
Other Oregon requirements that void liens
• Public works retainage released within 30 days of final acceptance. 5% maximum retainage on public projects. • OR STOP NOTICE: On private construction with a construction loan, a claimant who has served the 8-business-day preliminary notice may serve a Stop Notice on the lender. The lender must then withhold funds equal to the stop notice amount. Serve before final disbursement. • OR STOP NOTICE: After serving 8-business-day preliminary notice, served on construction lender. Lender must withhold funds equal to stop notice amount. Serve before final disbursement. Freezes undisbursed construction loan funds.
Frequently Asked Questions
How long do I have to file a mechanics lien in Oregon?
Oregon requires the lien to be recorded within 75 days, measured from completion. The exact window depends on your role — subcontractors and suppliers: within 75 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in Oregon?
Yes. Oregon requires a preliminary notice 8 days (res) (info notice to owner). Failing to send it on time generally forfeits your lien rights entirely, regardless of how much you are owed.
Where do I file a mechanics lien in Oregon?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Oregon filing deadline?
Your lien rights are extinguished. Oregon courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Oregon?
Once recorded, you must file suit to enforce within 120 days (filing). If you do not, the lien expires automatically and no longer clouds the property's title.