Mechanics Lien in Oregon: Deadlines, Notices & How to File
A mechanics lien — also called a construction lien in Oregon statute — can be placed against your property by a subcontractor or supplier you never hired directly. This guide covers Oregon lien law from both sides: homeowners protecting their property and contractors filing to get paid.
Lien risk starts with who you hire. Verify your contractor's CCB license, bond, and insurance before work begins.
What is a mechanics lien?
A mechanics lien (Oregon uses the term "construction lien" in statute, though "mechanics lien" is widely used interchangeably) is a legal claim against a property for unpaid labor or materials. Under Oregon's lien law (ORS Chapter 87), contractors, subcontractors, and material suppliers all have the right to file a lien against your property if they are not paid — even if you paid your general contractor in full.
This is the core risk: you can pay your general contractor everything you owe, and still end up with a lien on your property if that contractor didn't pay their subcontractors or suppliers. A lien clouds your title, can prevent you from selling or refinancing, and can ultimately lead to a forced sale if not resolved.
The Notice of Right to Lien (Consumer Protection Notice)
What this notice means
If you receive a Notice of Right to Lien (also called a Consumer Protection Notice under ORS 87.183), it does not mean a lien has been filed. It means a subcontractor or supplier who has no direct contract with you has given you the legal notice required to preserve their lien rights. This is standard procedure on any project involving subcontractors. Keep it — it tells you who is working on your project and may have lien rights.
Oregon law requires subcontractors and material suppliers to serve this notice within 8 days of first providing labor or materials on a residential project. If they fail to serve it within 8 days, their lien rights are reduced to only cover work performed after proper notice was given.
For your protection, maintain a list of everyone who serves you a Notice of Right to Lien. These are the parties you'll want lien waivers from before making final payment to your contractor. This connects directly to the advice in our guide on what should be in a contractor contract — the payment schedule and lien waiver requirements should be written into the agreement.
Information Notice to Owner — a different document
Notice of Right to Lien vs. Information Notice to Owner
These are two distinct legal documents that are often confused. The Notice of Right to Lien (ORS 87.183) is sent by subcontractors and suppliers to preserve their lien rights. The Information Notice to Owner About Construction Liens is a document that Oregon CCB-licensed contractors are required to provide to homeowners before starting work on a residential project over $2,000.
The Information Notice to Owner About Construction Liens (sometimes called the "Consumer Protection Notice") is an Oregon CCB requirement under ORS 701.330. Your licensed contractor must give you this document before the project starts — it explains your rights under Oregon lien law and what to do if you receive a Notice of Right to Lien.
If a licensed contractor starts a residential project over $2,000 without providing this notice, they are in violation of CCB rules — which is itself grounds for a CCB complaint. This is part of the broader set of Oregon CCB required notices that licensed contractors must follow. Unlicensed contractors cannot provide these protections — another reason to verify a CCB license before any work begins.
| Document | Who sends it | To whom | Purpose |
|---|---|---|---|
| Notice of Right to Lien | Subcontractor or supplier | Property owner | Preserve lien rights (required within 8 days) |
| Information Notice to Owner | Licensed general contractor | Homeowner | Inform owner of lien rights before project starts (CCB requirement) |
Oregon lien filing deadlines
| Who is filing | Deadline to file lien | Deadline to enforce (lawsuit) |
|---|---|---|
| General contractor (prime) | 75 days after last work/materials provided | 120 days after lien is filed |
| Subcontractor or supplier | 75 days after last work/materials provided | 120 days after lien is filed |
| Residential — Notice of Right to Lien served | 75 days after project completion or abandonment | 120 days after lien is filed |
Lien law is complex and deadlines can vary based on project type and circumstances. Consult an Oregon construction attorney for advice specific to your situation.
Calculate your exact lien deadline
Enter your last work date and project type to get your specific 8-day, 75-day, and 120-day deadlines.
Oregon Lien Deadline Calculator →How to protect yourself from construction liens
Verify your contractor is licensed and bonded
A licensed contractor carries a surety bond specifically designed to protect property owners. If your contractor abandons the project or fails to pay subcontractors, the bond is your first line of financial recourse. Check the bond status before signing any contract — it has a separate expiration date from the license.
Track Notices of Right to Lien
Keep every Notice of Right to Lien you receive. Create a simple list of every subcontractor and supplier working on your project. These are the parties with potential lien rights — you need releases from all of them before making final payment.
Use joint checks for large payments
For significant progress payments, consider issuing joint checks payable to both the general contractor and the major subcontractors or suppliers. This ensures funds actually reach the parties providing the labor and materials. It is unusual for homeowners to do this routinely, but appropriate on large projects.
Require lien waivers before final payment
Before releasing final payment to your general contractor, require a signed lien waiver from the GC and a statement that all subcontractors and suppliers have been paid. Oregon does not mandate a specific lien waiver form — any written, signed statement that the party waives their lien rights upon receipt of payment is enforceable.
Search for filed liens
Construction liens in Oregon are filed with the county clerk's office in the county where the property is located. If you suspect a lien has been filed — or want to confirm none have been filed before selling — contact your county clerk or use a licensed Oregon lien search service. Your title company will also conduct a lien search during any real estate transaction.
What to do if a lien is filed against your property
If a mechanics lien is filed against your Oregon property:
- Don't panic. A filed lien is not a judgment. The claimant still has to enforce it through a lawsuit within 120 days, or the lien expires.
- Verify the lien is valid. Check that the claimant served a proper Notice of Right to Lien (if required), that the lien was filed within the 75-day deadline, and that the amount claimed is accurate.
- Contact an Oregon construction attorney. Lien law involves strict procedural requirements. A lien filed with errors may be unenforceable. An attorney can help you evaluate defenses.
- Consider a lien bond. You can substitute a surety bond for the lien to clear the title while the dispute is resolved — useful if you need to sell or refinance quickly.
- If the dispute involves a licensed contractor, check whether a CCB complaint is also appropriate. The CCB's mediation process runs parallel to, but separately from, the lien enforcement process.
How to file a mechanics lien in Oregon
If you are a contractor, subcontractor, or material supplier who has not been paid, Oregon law gives you the right to file a construction lien against the property. The process has strict procedural requirements — a lien filed incorrectly may be unenforceable.
Serve the Notice of Right to Lien (subcontractors and suppliers only)
If you have no direct contract with the property owner, you must serve a Notice of Right to Lien within 8 days of first providing labor or materials (ORS 87.183). Serving this notice late reduces your lien rights to only work performed after the notice was given. Prime contractors with a direct owner contract are exempt from this requirement.
Prepare the lien claim document
Oregon does not provide a single official state form for mechanics lien claims. Your Oregon construction lien form must include: your name and address, the property owner's name, a description of the work or materials provided, the amount claimed, a description of the property, and the dates labor or materials were first and last provided. Many contractors use an Oregon construction attorney or a service like Levelset to prepare this document correctly.
File with the county clerk within 75 days
File the lien claim with the county clerk's office in the county where the property is located, within 75 days of your last date of work or materials delivery (ORS 87.035). There is a filing fee — typically $15–$30 per page depending on the county. The lien is recorded against the property title.
Enforce the lien within 120 days
Filing the lien is not enough — you must file a lawsuit to enforce it within 120 days of the lien filing date or the lien expires and is unenforceable (ORS 87.055). In practice, most lien disputes are resolved through negotiation after filing, before a lawsuit is necessary. Consult an Oregon construction attorney before this deadline.
Releasing a mechanics lien in Oregon
Once you have been paid — or if the lien was filed in error — you must file a release of lien (also called a lien release or lien waiver) with the same county clerk where the original lien was filed. Oregon does not mandate a specific release of lien form, but the document must be signed, notarized, and include a clear reference to the original lien claim by recording number.
Failing to release a valid lien after being paid can expose the claimant to damages under Oregon law. Property owners can also demand a release as a condition of final payment — this should be documented in the contractor's contract.
What a lien release must include
- Name and address of the lien claimant
- Property description and owner name
- Recording number of the original lien
- Statement that the lien is released and waived
- Signature and notarization
Frequently Asked Questions
Last updated: March 2026. This article provides general information about Oregon lien law and is not legal advice. Consult a licensed Oregon attorney for advice specific to your situation.
Verify Your Contractor
A licensed, bonded contractor is your first protection against lien exposure.
Check CCB License & BondLien Protection Checklist
- Verified contractor CCB license and bond
- Kept all Notices of Right to Lien received
- Tracked all subcontractors on project
- Contract includes lien waiver requirement
- Withheld final payment until waivers received
- Searched county records before closing
Key Deadlines
- 8 days Notice of Right to Lien must be served by sub/supplier
- 75 days Deadline to file lien after last work/materials
- 120 days Deadline to file lawsuit to enforce a filed lien