2007 ORS 87.005¹
Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093

As used in ORS 87.001 (Short title) to 87.060 (Foreclosure) and 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner):

(1) "Commencement of the improvement" means the first actual preparation or construction upon the site or the first delivery to the site of materials of such substantial character as to notify interested persons that preparation or construction upon the site has begun or is about to begin.

(2) "Construction" includes creation or making of an improvement, and alteration, partial construction and repairs done in and upon an improvement.

(3) "Construction agent" includes a contractor, architect, builder or other person having charge of construction or preparation.

(4) "Contractor" means a person who contracts on predetermined terms to be responsible for the performance of all or part of a job of preparation or construction in accordance with established specifications or plans, retaining control of means, method and manner of accomplishing the desired result, and who provides:

(a) Labor at the site; or

(b) Materials, supplies and labor at the site.

(5) "Improvement" includes any building, wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk, machinery, aqueduct and all other structures and superstructures, whenever it can be made applicable thereto.

(6) "Mortgagee" means a person who has a valid subsisting mortgage of record or trust deed of record securing a loan upon land or an improvement.

(7) "Original contractor" means a contractor who has a contractual relationship with the owner.

(8) "Owner" means:

(a) A person who is or claims to be the owner in fee or a lesser estate of the land on which preparation or construction is performed;

(b) A person who has entered into a contract for the purchase of an interest in the land or improvement thereon sought to be charged with a lien created under ORS 87.010 (Construction liens); or

(c) A person to whom a valid subsisting lease on land or an improvement is made, and who possesses an interest in the land or improvement by reason of that lease.

(9) "Preparation" includes excavating, surveying, landscaping, demolition and detachment of existing structures, leveling, filling in, and other preparation of land for construction.

(10) "Site" means the land on which construction or preparation is performed.

(11) "Subcontractor" means a contractor who has no direct contractual relationship with the owner. [Amended by 1957 c.651 §1; 1973 c.671 §1; 1975 c.466 §2; 1977 c.596 §1; 2005 c.22 §52]

Notes of Decisions

Where plaintiff, in course of prepara­tion of land for construc­tion of log dump, provided drop boxes and hauled them away when filled with debris, this was act of prepara­tion for improve­ment to land within meaning of this sec­tion and gave rise to mechanic's lien under ORS 87.010 (Construction liens). Abajian v. Hill, 42 Or App 695, 601 P2d 837 (1979)

Subcontractor is other per­son having charge of construc­tion or prepara­tion and therefore qualifies as construc­tion agent. Steel Products Co. v. Portland Gen. Elec., 291 Or 41, 628 P2d 1180 (1981)

Law Review Cita­tions

41 WLR 95 (2005)

Notes of Decisions

In absence of express waiver by contractor of right to file construc­tion lien, agree­ment to arbitrate disputes did not prevent filing of lien and thereafter foreclosing to recover unpaid amounts and costs and attorney fees incurred in prepara­tion, filing and foreclosure of lien claim. Harris v. Dyer, 50 Or App 223, 623 P2d 662 (1981), as modified by 292 Or 233, 637 P2d 918 (1981)

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 87, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­087ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.