2007 ORS 87.037¹
Prohibition against claim of lien

An original contractor may not claim a lien arising from the improvement of real property if a written contract for the work is required by ORS 701.305 (Requirement for written contract) and the contractor does not have a written contract. [2007 c.648 §5]

Note: 87.037 (Prohibition against claim of lien) was added to and made a part of 87.001 (Short title) to 87.060 (Foreclosure) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

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.