2015 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 means creating or making an improvement or performing an alteration, partial construction or repair in and upon an improvement.

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

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

(a) Labor at the site; or

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

(5) Improvement means a building, wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk, machinery, aqueduct or other structure or superstructure.

(6) Mortgagee means a person:

(a)(A) Whose name and address appear as mortgagee or beneficiary in a mortgage of record or a trust deed of record that is recorded under ORS 205.234 (Requirements for first page of instruments to be recorded) with the county clerk of the county within which the property or improvement is located; and

(B) That has a valid subsisting mortgage of record or trust deed of record that secures a loan upon land or upon an improvement; or

(b)(A) Whose name and address appear as the assignee of the mortgagee or beneficiary in an assignment of mortgage of record or a trust deed of record that is recorded under ORS 205.234 (Requirements for first page of instruments to be recorded) with the county clerk of the county within which the property or improvement is located; and

(B) That has a valid subsisting mortgage of record or trust deed of record that secures a loan upon land or upon an improvement.

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

(8) Owner means:

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

(c) A person that has a valid lease on land or an improvement and that possesses an interest in the land or improvement by reason of the lease.

(9) Preparation means excavating, surveying, landscaping, demolishing or detaching existing structures or leveling, filling in or otherwise making land ready for construction.

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

(11) Subcontractor means a contractor that 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; 2011 c.505 §1]

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 mechanics 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/­ors087.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 87, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano087.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.