ORS 87.035
Perfecting lien

  • filing claim of lien
  • contents of claim

(1)

Every person claiming a lien created under ORS 87.010 (Construction liens) (1) or (2) shall perfect the lien not later than 75 days after the person has ceased to provide labor, rent equipment or furnish materials or 75 days after completion of construction, whichever is earlier. Every other person claiming a lien created under ORS 87.010 (Construction liens) shall perfect the lien not later than 75 days after the completion of construction. All liens claimed shall be perfected as provided by subsections (2) to (4) of this section.

(2)

A lien created under ORS 87.010 (Construction liens) shall be perfected by filing a claim of lien with the recording officer of the county or counties in which the improvement, or some part thereof, is situated.

(3)

A claim of lien shall contain:

(a)

A true statement of demand, after deducting all just credits and offsets;

(b)

The name of the owner, or reputed owner, if known;

(c)

The name of the person by whom the claimant was employed or to whom the claimant furnished the materials or rented the equipment or by whom contributions are owed; and

(d)

A description of the property to be charged with the lien sufficient for identification, including the address if known.

(4)

The claim of lien shall be verified by the oath of the person filing or of some other person having knowledge of the facts, subject to the criminal penalties for false swearing provided under ORS 162.075 (False swearing). [Amended by 1961 c.609 §1; 1973 c.671 §3; 1975 c.466 §10; 1983 c.517 §1; 1985 c.596 §1; 1987 c.662 §6]

Source: Section 87.035 — Perfecting lien; filing claim of lien; contents of claim, https://www.­oregonlegislature.­gov/bills_laws/ors/ors087.­html.

Notes of Decisions

In general

“Credits and offsets” include only amounts between subcontractor and general or prime contractor and do not include amounts between lienor and third party. Jersey & Son Inc. v. Bailey Const. Co., 262 Or 491, 499 P2d 817 (1972)

Property owners were not entitled to rely on labeling of items in lien claim where item description did not mislead property owners as to amount of valid lien. Myers v. Oregon Shores Associates, 69 Or App 624, 687 P2d 159 (1984), Sup Ct review denied

Time for filing generally

When builder, after substantial completion of structure, at request of owner, makes additions to it which are useful or necessary to its enjoyment, the final completion dates from time such additions are made. Farrell v. Lacey, 264 Or 505, 507 P2d 31 (1973)

Even though owner in fee of property may be subject to a lien unless he posts notice of nonliability under ORS 87.030, the lien, to be valid, must still be filed within time required by this section. Maddox v. Balboa Raceways, Inc., 267 Or 321, 516 P2d 1293 (1973)

Where improvements must necessarily be used as a unit and all are intended to be immediately constructed, temporary interruptions beyond the control of the owner or builder, will not interrupt or terminate the time within which to file mechanic’s liens. Tri-City Bldg. Center, Inc. v. Wagner, 274 Or 581, 548 P2d 961 (1976)

Where evidence showed construction project was abandoned, the 60-day time period for filing a lien under this section would start to run 60 days after work ceased. D.E.C. Eng. and Surveying v. G & J Invest., 57 Or App 742, 646 P2d 643 (1982)

Performance of repair work under warranty did not extend time for filing lien claim. Central Coast Electric v. Mendell, 66 Or App 42, 672 P2d 1224 (1983)

If owner or mortgagee elects to post and record notice of completion as provided in ORS 87.045, date of notice is determinative of completion date within the meaning of this section. Star Rentals, Inc. v. Seeberg Construction Co., 66 Or App 822, 677 P2d 708 (1984), Sup Ct review denied

Construction was completed when pump was repaired and reinstalled because of laborer’s contention that continuing malfunctions of pump were due to problems with well itself and not with pump and time for filing lien began at that point. Austin v. Carver, 85 Or App 529, 737 P2d 639 (1987)

Limitation period for filing began running on date contractor ceased working on project without regard to whether or not project was abandoned. Emmert Industrial Corp. v. Sanders, 131 Or App 113, 883 P2d 1304 (1994), Sup Ct review denied

Who are original contractors

“An original contractor” is one who furnishes labor or material and labor on contract direct with owner. Maddox v. Balboa Raceways, Inc., 267 Or 321, 516 P2d 1293 (1973)

One who furnishes labor and materials on contract direct with a lessee from owner, but not direct with owner, may be “original contractor” with respect to validity of its lien against the lessee from owner, but is not an “original contractor” with respect to validity of its lien against owner. Maddox v. Balboa Raceways, Inc., 267 Or 321, 516 P2d 1293 (1973)

Description of property

Where description of property in lien notice incorrectly stated address and tax lot number and referred to business establishment on property by incorrect name, but contained sufficient information to enable interested parties to identify property and no prejudice was shown, there was substantial compliance with this section and lien was valid. C-3 Builders, Inc. v. Krueger, 56 Or App 502, 642 P2d 344 (1982), Sup Ct review denied

Use of word “description” by this section does not mean lien claim must contain legal description of property covered by lien. C-3 Builders, Inc. v. Krueger, 56 Or App 502, 642 P2d 344 (1982), Sup Ct review denied

Description requirement of general recordation statute does not apply to construction lien. Bell Hardware v. Ed Szoyka Woodworking Co., 129 Or App 332, 879 P2d 208 (1994), Sup Ct review denied

Whether there has been substantial compliance with statutory requirement depends on degree of noncompliance, underlying policy of requirement and prejudice that property owner or third party may have suffered as result of noncompliance. C-3 Builders, Inc. v. Krueger, 56 Or App 502, 642 P2d 344 (1982), Sup Ct review denied; Tigard Sand & Gravel Co. v. LBH Construction, 149 Or App 131, 941 P2d 1075 (1997)

Attorney General Opinions

Enforcement by subcontractor of lien rights against of residence owner where prime contractor has failed to give proper notice or has been paid in full but failed to pay subcontractor, (1981) Vol 42, p 149

Law Review Citations

41 WLR 95 (2005)

87.001
Short title
87.005
Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093
87.007
Protection from construction liens perfected after sale of residential property completed
87.010
Construction liens
87.015
Land and interests therein subject to lien
87.018
Delivery of notices
87.021
Notice to owners
87.023
Notice of right to lien
87.025
Priority of perfected liens
87.027
Right of owner to demand list of services, materials, equipment and labor
87.030
Effect of owner’s knowledge of improvement
87.035
Perfecting lien
87.036
Subcontractor’s perfection of claim of lien
87.037
Prohibition against claim of lien
87.039
Notice of filing claim of lien
87.045
Completion date of improvement
87.050
Recording
87.055
Duration of lien
87.057
Notice of intent to foreclose
87.060
Foreclosure
87.070
Amount of recovery by contractor
87.075
Exemption of building materials from attachment by third persons
87.076
Bond or deposit of money
87.078
Notice of filing bond or depositing money
87.081
Filing affidavit with county officer
87.083
Foreclosure after filing of bond or deposit of money
87.086
Determination of adequacy of bond
87.088
Release of lien or return of money
87.089
Limitations on actions
87.093
Information Notice to Owner
87.142
Definitions for ORS 87.142 to 87.490 and 87.910
87.146
Priorities of liens
87.152
Possessory lien for labor or material expended on chattel
87.156
Innkeeper’s lien
87.159
Lien for care of impounded animal
87.162
Landlord’s lien
87.166
Attachment of liens
87.172
Time period before foreclosure allowed
87.176
Fees for storage of chattel
87.177
Bond or deposit of money for lien for storage of chattel
87.178
Foreclosure after filing of bond or deposit of money
87.179
Determination of adequacy of bond
87.181
Release of lien or return of money
87.182
Effect of prior security interest on method of foreclosure
87.186
Location of foreclosure sale
87.192
Notice of foreclosure sale to lien debtor
87.196
Notice of foreclosure sale to secured parties
87.202
Statement of account of foreclosure sale
87.206
Disposition of proceeds of foreclosure sale
87.212
Liability for improper sale of fungible chattels
87.214
Disposal of property left with launderer or dry cleaner
87.216
Nonpossessory lien for labor or material expended on chattel
87.222
Logger’s, woodworker’s and timberland owner’s lien
87.226
Agricultural services lien
87.228
Effect on agricultural services lien when payment for produce is made prior to filing of lien claim
87.232
Fishing lien and fish worker’s lien
87.236
Attachment of liens
87.242
Filing notice of claim of lien
87.246
Recording
87.252
Notice to owner and holders of security interests
87.256
Limitation on extent of liens
87.262
Foreclosure
87.266
Duration of liens
87.272
Petition for foreclosure without suit
87.276
Evidence admissible
87.282
Waiver of right to hearing before filing of petition
87.288
Show cause order
87.296
Waiver of right to hearing after issuance of show cause order
87.302
Authority of court on sustaining validity of lien claim
87.306
Foreclosure by sale without suit
87.312
Effect of notice of foreclosure sale to secured parties
87.316
Disposition of proceeds of foreclosure sale
87.322
Effect of prior security interest on foreclosure of nonpossessory lien for labor or material expended on chattel
87.326
Protection from theft and damage of chattel subject to lien
87.332
Injury or removal of chattel subject to lien
87.336
Costs and attorney fees in foreclosure by suit
87.342
Bond, letter of credit or deposit of money to discharge lien on chattel
87.346
Filing certificate of lien satisfaction upon payment of claim
87.352
Mining labor and material lien
87.356
Lien for preparing land for irrigation or cultivation
87.358
Nurseryman’s lien
87.362
Irrigation power lien
87.364
Attachment of liens
87.366
Filing notice of claim of lien
87.372
Recording
87.376
Duration of liens
87.382
Foreclosure
87.386
Costs and attorney fees in foreclosure
87.392
Priorities of liens
87.430
Attorney’s possessory lien
87.435
Bond, letter of credit or deposit of money to discharge attorney’s possessory lien
87.440
Determination of adequacy of bond or letter of credit
87.445
Attorney’s lien upon actions and judgments
87.450
Filing notice of claim of lien on judgment for sum of money
87.455
Filing notice of claim of lien on judgment for possession of personal property
87.460
Filing of notice of claim of lien on judgment for possession of real property
87.465
Effect of failure to file notice of claim of lien
87.470
Contents of notice of claim of lien
87.475
Effect of settlement on attorney’s lien
87.480
Attorney’s right and power over actions and judgments
87.485
Attorney fees
87.490
Priority of attorney’s lien upon actions and judgments
87.501
Definitions for ORS 87.501 to 87.542
87.503
Lien for long term care
87.507
Perfecting lien
87.512
Contents of notice of lien
87.517
Recording notice of lien
87.522
Foreclosure of lien
87.527
Limitations on property subject to lien
87.533
Assets and income that are exempt from lien
87.537
Duration of lien
87.539
Discharge or release of lien claim
87.542
Priority of lien
87.555
Hospitals, physicians, physician assistants and nurse practitioners as lien claimants
87.560
Limitations on extent of lien
87.565
Notice of lien required
87.570
Form of notice
87.575
Lien docket
87.581
Liability of person or insurer to hospital, physician, physician assistant or nurse practitioner
87.585
Foreclosure
87.603
Definitions for ORS 87.603 to 87.633
87.607
Ambulance services lien
87.613
Notice of lien required
87.617
Form of notice
87.623
Notices recorded in lien docket
87.627
Payment after notice of lien
87.633
Foreclosure
87.685
Definitions for ORS 87.685 to 87.695
87.686
Rental agreement
87.687
Self-service storage facility owner’s possessory lien
87.689
Notice of foreclosure and sale
87.691
Sale of property subject to lien
87.693
ORS 87.687 as exclusive law for creating lien
87.694
Late fee
87.695
Short title
87.700
Definitions for ORS 87.228 and 87.700 to 87.736
87.705
Agricultural produce lien
87.710
Filing notice of lien
87.715
Priority
87.725
Foreclosure
87.730
Expiration of lien for failure to bring timely foreclosure suit
87.735
Filing certificate of lien satisfaction upon payment for produce
87.736
Form of notices filed under ORS 87.710 and certificates filed under ORS 87.735
87.750
Definitions for ORS 87.750 to 87.777
87.755
Grain producer’s lien
87.762
Filing notice of lien
87.767
Form of notice
87.772
Expiration of lien for failure to bring timely foreclosure action
87.777
Filing certificate of lien satisfaction upon payment for grain
87.806
Filing of federal tax liens
87.811
Certification of tax lien notices
87.816
Keeping of index and files with respect to tax liens
87.821
Filing and indexing fee
87.826
Construction
87.831
Short title
87.855
Lien for contributions to employee benefit plan
87.860
Filing of claim of lien
87.865
Foreclosure
87.870
Definitions for ORS 87.870 to 87.876
87.872
Lien for mold created or work performed with mold
87.876
Sale of mold
87.910
Cost of preparing lien notice
87.920
Recording of document not to create lien, affect title or constitute notice except as authorized by law
87.930
Secretary of State to furnish list of persons who have filed financing statement
Green check means up to date. Up to date