ORS 87.070¹
Amount of recovery by contractor
  • respective rights of contractor and owner

Any contractor may recover, upon a lien perfected by the contractor, only the amount due to the contractor according to the terms of the contract, after deducting all claims of other parties for work done and materials furnished for which a lien is perfected under ORS 87.035 (Perfecting lien). Where a claim of lien is filed pursuant to ORS 87.035 (Perfecting lien) for work done or material or equipment furnished to any contractor, the contractor shall defend any action brought thereupon at the expense of the contractor, and during the pendency of such action the owner may withhold from the contractor the amount of money for which such claim of lien is filed. In case of judgment against the owner or the property of the owner upon the lien, the owner may deduct from any amount due or to become due by the owner to the contractor the amount of such judgment and costs; and if the amount of the judgment and costs exceeds the amount due by the owner to the contractor, or if the owner has settled with the contractors in full, the owner may recover back from the contractor any amount so paid in excess of the contract price, and for which the contractor was originally the party liable. [Amended by 1987 c.662 §14]

Notes of Decisions

Claim for extra transporta­tion charges for "dry runs" which were made at request of defendant after parties had entered into contract was not lienable item, as it was not part of parties' contract. King v. Suniga, 54 Or App 267, 634 P2d 812 (1981)

Value of subcontractor lien is limited to amount due to subcontractor under subcontract. L.H. Morris Electric, Inc. v. Hyundai Semicon­ductor America, Inc., 203 Or App 54, 125 P3d 1 (2005), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 87—Statutory Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors87.­pdf (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. Currency Information