Each state is unique in the priority it affords to mechanics lien claims. In Oregon, mechanics lien claimants can have super-priority even over mortgages on lenders, or not. This depends on whether you notified the mortgagee and/or whether you filed your lien carefully enough. Notify The Mortgagee, Get Priority Oregon mechanics lien claims have priority over [...]
Oregon ArticlesRSS feed for this section
Oregon Appeals Court Creates Bright Line Rule: No Mechanics Lien Rights If Debt Already Secured
A long, long time ago – in 1876 – the Oregon Supreme Court was faced with a situation where a contractor filed both a construction lien and a mortgage against a single property securing a single debt. This month they released another opinion confirming that decision and expanding its scope. 1876 Oregon Construction Lien Invalidated [...]
Who Is Involved In A Mechanics Lien Foreclosure Action?
I read a great article from Justin Stark’s Oregon Construction Lawyer blog titled “Lien Foreclosure: Who is a Party?“ The article addresses which parties need to be included (and can be included) in an action to foreclose an Oregon mechanics lien. The answer he gives to this question is funny: “Everyone is invited!” The answer [...]
“Super Priority” and Oregon Condominium Assessment Liens
In Oregon, the statutory language used in regard to condominium assessment liens, and HOA assessment liens is nearly a word-for-word match in most respects. One place where the controlling law has the potential to be quite different, however, is lien priority. In this respect, a condominium association has the opportunity to be in a much [...]
Filing Required to Foreclose on Oregon Assessment Lien
In Oregon, a condominium association or homeowner’s association lien for past-due assessments attaches when the assessed amount becomes delinquent. Also, in both cases, no notice or recordation is required to perfect the lien. Since this is the case, why would anybody in Oregon take the time to record a lien for delinquent assessments? It turns [...]
The Vast Differences Between Washington and Oregon Bond Claims
Oregon and Washington share a border, and as an attorney practicing in both states, I can attest that they share a lot of business as well. It’s quite common for contractors and suppliers to work across those state lines, with Washington folks frequently furnishing to areas like Portland, Oregon, and Oregon folks frequently furnishing to [...]
What Constitutes The Last Day of Furnishing Under Oregon’s Mechanics Lien Law?
Those unpaid on an Oregon construction project can file a mechanics lien within 75 days of last furnishing labor, materials or services to the project. But, from when exactly do those 75 days start to count? While simple at first blush, this is a very, very complex question. We previously addressed the subject in a general sense [...]
The Guide To Filing A Mechanics Lien in Oregon
To properly file a mechanics lien anywhere in the United States you must meet a very technical process, fulfilling statutory requirements that are very unforgiving. This guide provides a guide to the mechanics lien laws in Oregon, helping you understand the notice requirements and mechanics lien deadlines in the state. Preliminary Notice Required Quickly in Oregon Oregon [...]
Assembly of Good Resources on Oregon Construction Liens
When you’re not paid on a construction project you turn to the Internet to find answers about collections and mechanics liens. In 2010, it’s the natural thing to do. When you’re sick, you turn to sites like WebMD. When you’re not paid, you look to learn about efficient ways to collect, and you turn to [...]
What Costs Can I Include in a Mechanics Lien?
I practice law, and focus on construction law, in the states of Washington, Oregon and Louisiana. Whenever folks are looking to put together a mechanics lien, this is a question that is very frequently asked. (Previously wrote about it here). While the question seems quite simple, it’s actually a bit complicated. And it’s [...]
Can I File a Mechanics Lien For This?
Lien laws vary from state-to-state, but across the country it’s a consistent principle that contractors and suppliers can only file mechanic’s liens for work they perform on a construction improvement project. This begs the very important questions – what is a construction improvement project? And beyond that, what is a construction improvement? With respect [...]
Columnists
Scott Wolfe Jr., JD
CEO of Zlien, and a licensed attorney in six states, he's experienced in construction & corporate credit management laws....Read More
Nate Budde, JD
Zlien's Chief Legal Mind and licensed attorney. Nate is a Stanford & Tulane Grad, a Jeopardy! alumni and more....Read More
Seth Smiley, JD
Construction attorney in California & Louisiana, Seth is an experienced construction litigator and Zlien's COO....Read More
Funding Gates
The world's first CRM for receivables management.Read More
Gretchen Lynn
Operations Genius at Zlien - She writes all the fun stuff here.Read More
Jason Bull
Zlien's Research Giant - He shares tips and info on how to confirm project, surety or construction party data.Read More
Most Viewed