Oregon Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Oregon liens are filed and enforced
A Oregon mechanics lien is filed with the County Clerk in the county where the project sits — 75 days from completion. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Oregon claimants lose rights far more often by missing the second one than the first.
Oregon deadlines by claimant role
For subcontractors and suppliers: Preliminary notice — 8 days from first furnishing (ORS § 87.021); Record the lien — 75 days from last furnishing (ORS § 87.035); file suit — 120 days from lien recorded (ORS § 87.055); bond notice — 180 days from last furnishing (ORS § 279C.600); file suit — 2 years from last furnishing (ORS § 279C.605); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 75 days from last furnishing (ORS § 87.035). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Oregon
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. File claim of lien within 75 days of last furnishing of labor, materials, or equipment. File claim of lien within 75 days of last furnishing. Serve copy on owner within 20 days of recording. File suit to enforce lien within 120 days of recording. Very short window — act immediately after recording. Written notice within 180 days of last furnishing on public works projects. File suit on payment bond within 2 years of last furnishing. No sooner than 90 days, no later than 1 year. Public works: prime must pay sub within 10 days of receiving payment from owner. Private: interest at 2%/month after 30 days past due.
How Oregon notices must be served
Oregon requires 8 days (res) — Info Notice to Owner. Accepted delivery for the notices tracked here: Written notice; Certified Mail, Return Receipt Requested. Service runs to the Owner and GC. Keep the proof of service in the project file — Oregon disputes over whether a notice was properly served are decided on that documentation.
Public projects in Oregon
No lien attaches to public property in Oregon. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 180 days of last furnishing, served on the Prime Contractor and Surety (ORS § 279C.600). 4 public-project deadlines are tracked for Oregon.
Oregon statute citations
The Oregon deadlines above come from ORS § 87.021, ORS § 87.035, ORS § 87.055, ORS § 279C.600, ORS § 279C.605, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), ORS § 279C.570, ORS § 87.076. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Oregon construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Oregon?
75 days — From completion. The filing goes to the County Clerk in the project's county. See ORS § 87.035. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Oregon?
With the County Clerk in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Oregon require a preliminary notice?
Yes — 8 days (res). Info Notice to Owner. Accepted service includes Written notice.
How long do you have to enforce a Oregon mechanics lien?
120 days — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
Does Oregon allow a stop notice?
Yes. Oregon claimants can serve a stop notice within 0 days of last furnishing on the Construction Lender (ORS § 87.076). It reaches project funds rather than the real property, and can run in parallel with the lien.