Oregon mechanics lien deadlines: notice, lien and suit (2026)
By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer
Oregon lien filing for direct contractors, subcontractors, sub-subcontractors, suppliers and laborers: the earlier of 75 days after the person has ceased to provide labor, rent equipment or furnish materials and 75 days after completion of construction (ORS 87.035(1)). The deadline to sue: 120 days after the claim of lien is filed (ORS 87.055).
Oregon · Lien deadlinesVerified 2026-10-02
Lien filing
the earlier of 75 days after the person has ceased to provide labor, rent equipment or furnish materials and 75 days after completion of construction
Preliminary notice
Subcontractor, Sub-subcontractor, Supplier, Laborer: At any time during the progress of the improvement, for materials, equipment and labor or services provided after a date which is eight days, not including Saturdays, Sundays and other holidays, before the notice is delivered or mailed; Direct contractor: None required
At any time during the progress of the improvement, for materials, equipment and labor or services provided after a date which is eight days, not including Saturdays, Sundays and other holidays, before the notice is delivered or mailed
What the statute says about it. A lien may be perfected only to the extent that the notice is given. Recipients: The owner of the site. Delivery: In writing, delivered in person or by registered or certified mail
Direct contractor, Subcontractor, Sub-subcontractor, Supplier
Any
For a lien for materials or supplies to have priority over a recorded mortgage or trust deed on either the land or improvement
Not later than eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010, after the date of delivery of material or supplies
What the statute says about it. Without it, no lien for materials or supplies has priority over any recorded mortgage or trust deed on either the land or improvement. Recipients: The mortgagee.
For a person who performs labor upon a commercial improvement, provides labor and material for a commercial improvement, or rents equipment used in the construction of a commercial improvement
For a residential construction or improvement contract for which the aggregate contract price exceeds $2,000, unless the owner is a contractor licensed with the Construction Contractors Board under ORS chapter 701
At the time of signing a residential construction or improvement contract with the owner
What the statute says about it. If the original contractor does not deliver the Information Notice to Owner as required, it may not claim any lien created under ORS 87.010 for labor, services or materials supplied under that contract. Recipients: The owner or an agent of the owner, other than an original contractor. Delivery: Personally, by registered or certified mail or by first class mail with certificate of mailing
Except when material, equipment, services or labor described in ORS 87.010 (1) to (3), (5) and (6) is furnished at the request of the owner, a person furnishing any materials, equipment, services or labor described in ORS 87.010 (1) to (3), (5) and (6) for which a lien may be perfected under ORS 87.035 shall give a notice of right to a lien to the owner of the site.
The notice of right to a lien may be given at any time during the progress of the improvement, but the notice only protects the right to perfect a lien for materials, equipment and labor or services provided after a date which is eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010, before the notice is delivered or mailed.
Except as provided in paragraph (b) of this subsection, a lien created under ORS 87.010 (1) to (3), (5) or (6) may be perfected under ORS 87.035 only to the extent that the notice required by subsection (1) of this section is given.
Except as provided in ORS 87.093, all notices required under ORS 87.001 to 87.060 and 87.075 to 87.093 must be in writing and be delivered in person or by registered or certified mail.
No lien for materials or supplies shall have priority over any recorded mortgage or trust deed on either the land or improvement unless the person furnishing the material or supplies, not later than eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010, after the date of delivery of material or supplies for which a lien may be claimed delivers to the mortgagee either a copy of the notice given to the owner under ORS 87.021 to protect the right to claim a lien on the material or supplies or a notice in any form that provides substantially the same information as the form set forth in ORS 87.023.
A person who performs labor upon a commercial improvement or provides labor and material for a commercial improvement or who rents equipment used in the construction of a commercial improvement need not give the notice required by subsection (1) of this section in order to perfect a lien created under ORS 87.010. As used in this paragraph: (A) “Commercial improvement” means any structure or building not used or intended to be used as a residential building, or other improvements to a site on which such a structure or building is to be located. (B) “Residential building” means a building or structure that is or will be occupied by the owner as a residence and that contains not more than four units capable of being used as residences or homes.
Each original contractor shall deliver a copy of the “Information Notice to Owner” adopted by the board under this section to: (a) The first purchaser of residential property constructed by the contractor and sold before or within the 75-day period immediately following the completion of construction; and (b) The owner or an agent of the owner, other than an original contractor, at the time of signing a residential construction or improvement contract with the owner.
Notwithstanding subsections (2) and (4) of this section, the original contractor need not send the owner an “Information Notice to Owner” if the owner is a contractor licensed with the board under ORS chapter 701.
The contractor shall deliver the “Information Notice to Owner” personally, by registered or certified mail or by first class mail with certificate of mailing.
Notwithstanding ORS 87.010 and 87.030, if an original contractor does not deliver an owner or agent with an “Information Notice to Owner” as required under subsections (2) to (4) of this section, the original contractor may not claim any lien created under ORS 87.010 upon any improvement, lot or parcel of land of the owner for labor, services or materials supplied under the residential construction or improvement contract for which the original contractor failed to deliver the required “Information Notice to Owner”.
What the statute says about it. No costs, disbursements or attorney fees otherwise allowable under ORS 87.060 are allowed to any party failing to comply. Recipients: The owner of the property upon which the lien is claimed; The mortgagee. Delivery: In writing, delivered in person or by registered or certified mail
A person intending to foreclose a lien shall deliver to the owner of the property upon which the lien is claimed and to the mortgagee a notice in writing not later than 10 days prior to commencement of the suit stating that such person, or others, intends to commence suit to foreclose the lien.
No costs, disbursements or attorney fees otherwise allowable as provided by ORS 87.060 shall be allowed to any party failing to comply with the provisions of this section.
Except as provided in ORS 87.093, all notices required under ORS 87.001 to 87.060 and 87.075 to 87.093 must be in writing and be delivered in person or by registered or certified mail.
Every person claiming a lien created under ORS 87.010 (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.
A lien created under ORS 87.010 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.
The completion of construction of an improvement shall occur when: (a) The improvement is substantially complete; (b) A completion notice is posted and recorded as provided by subsections (2) and (3) of this section; or (c) The improvement is abandoned as provided by subsection (5) of this section.
Except as provided in subsection (6) of this section, an improvement is abandoned: (a) On the 75th day after work on the construction of the improvement ceases; or (b) When the owner or mortgagee of the improvement or an agent of either posts and records an abandonment notice in writing signed by either the owner or the mortgagee.
What the statute says about it. No costs, disbursements or attorney fees otherwise allowable under ORS 87.060 are allowed to any party failing to comply. Recipients: The owner; The mortgagee. Delivery: A notice in writing that the claim has been filed, mailed with a copy of the claim of lien attached
A person filing a claim of lien pursuant to ORS 87.035 shall mail to the owner and to the mortgagee a notice in writing that the claim has been filed. A copy of the claim of lien shall be attached to the notice. The notice shall be mailed not later than 20 days after the date of filing.
No costs, disbursements or attorney fees otherwise allowable as provided by ORS 87.060 shall be allowed to any party failing to comply with subsection (1) of this section.
What the statute says about it. The lien does not bind the improvement for a longer period unless suit is brought in a proper court within that time to enforce it, and no agreement to extend payment continues it in force for longer than two years from the time the claim of lien is filed.
No lien created under ORS 87.010 shall bind any improvement for a longer period than 120 days after the claim of lien is filed unless suit is brought in a proper court within that time to enforce the lien, or if extended payment is provided and the terms thereof are stated in the claim of lien, then 120 days after the expiration of such extended payment, but no lien shall be continued in force for a longer time than two years from the time the claim of lien is filed under ORS 87.035 by any agreement to extend payment.
Completion of construction occurs when the improvement is substantially complete, when a completion notice is posted and recorded, or when the improvement is abandoned. When all original contractors have substantially performed their contracts, any original contractor, the owner or mortgagee, or an agent of any of them may post a completion notice and record it within five days from the date of posting. An improvement is abandoned on the 75th day after work on its construction ceases, or when the owner or mortgagee or an agent of either posts and records an abandonment notice, unless a nonabandonment notice is posted and recorded.
The completion of construction of an improvement shall occur when: (a) The improvement is substantially complete; (b) A completion notice is posted and recorded as provided by subsections (2) and (3) of this section; or (c) The improvement is abandoned as provided by subsection (5) of this section.
When all original contractors employed on the construction of an improvement have substantially performed their contracts, any original contractor, the owner or mortgagee, or an agent of any of them may post and record a completion notice.
Within five days from the date of posting the notice, the party posting it or the agent of the party shall record with the recording officer of the county in which the property, or some part thereof, is situated, a copy of the notice, together with an affidavit indorsed thereon or attached thereto, made by the person posting the notice, stating the date, place and manner of posting the notice.
Except as provided in subsection (6) of this section, an improvement is abandoned: (a) On the 75th day after work on the construction of the improvement ceases; or (b) When the owner or mortgagee of the improvement or an agent of either posts and records an abandonment notice in writing signed by either the owner or the mortgagee.
The day of the event is not counted, and the last day of the period is.
The time within which an act is to be done, as provided in the civil and criminal procedure statutes, is computed by excluding the first day and including the last day, unless the last day falls upon any legal holiday or on Saturday, in which case the last day is also excluded.
For the purposes of determining whether a person has complied with a statutory time limitation governing an act to be performed in a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court, the time prescribed by law for the performance of the act does not include the day on which the specified period begins to run. The designated period does include the last day unless the last day is: (a) A legal holiday or Saturday; (b) A day on which the court is closed for the purpose of filing pleadings and other documents; (c) A day on which the court is closed by order of the Chief Justice, to the extent provided by the order; or (d) A day on which the court is closed before the end of the normal hours during which pleadings and other documents may be filed.
A last day that falls on a Sunday or a legal holiday moves to the next business day.
Any act authorized, required or permitted to be performed on a holiday as designated in this section may be performed on the next succeeding business day; and no liability or loss of rights of any kind shall result from such delay.
The following days are legal holidays in this state: (a) Each Sunday. (b) New Year’s Day on January 1. (c) Martin Luther King, Jr.’s Birthday on the third Monday in January. (d) Presidents Day, for the purpose of commemorating Presidents Washington and Lincoln, on the third Monday in February. (e) Memorial Day on the last Monday in May. (f) Juneteenth on June 19. (g) Independence Day on July 4. (h) Labor Day on the first Monday in September. (i) Veterans Day on November 11. (j) Thanksgiving Day on the fourth Thursday in November. (k) Christmas Day on December 25.
A last day for filing a document or notice with a public office that falls on a day when that office is closed before the end of or for all of the normal work day also moves.
Notwithstanding ORCP 10 and ORS 174.120 (1), if a time period is prescribed or allowed for personal service of a document or notice on a public officer or the filing of a document or notice with a public office, other than a time period subject to ORS 174.120 (2), and if the last day falls on a day when that particular office is closed before the end of or for all of the normal work day, the last day shall be excluded in computing the period of time within which the document or notice is to be filed. If the last day is so excluded, the time period runs until the close of office hours on the next day the office is open for business.
When the time to do the act is provided in the civil and criminal procedure statutes, or the act is to be performed in a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court, a last day that is a Saturday also moves.
If the last day of a designated period is excluded under the provisions of subsection (2) of this section, the act must be performed on the next day that the court is open for the purpose of filing pleadings and other documents.
The provisions of subsections (2) and (3) of this section apply to time limitations established by statutes of limitation and other procedural statutes governing civil and criminal proceedings.
The notice of right to a lien names subcontractors, sub-subcontractors, suppliers and laborers [1]. The direct contractor's row there reads None required, and ORS 87.021(1) excepts what is "furnished at the request of the owner" [1]. A notice to the mortgagee names the direct contractor, subcontractors, sub-subcontractors and suppliers, and the Information Notice to Owner names the direct contractor alone [1]. Every later stage names all five roles on any project type [1].
How the periods run
Notice of right to a lien. The rule reads At any time during the progress of the improvement, for materials, equipment and labor or services provided after a date which is eight days, not including Saturdays, Sundays and other holidays, before the notice is delivered or mailed[1]. For a person who "performs labor upon a commercial improvement or provides labor and material for a commercial improvement or who rents equipment used in the construction of a commercial improvement", the row reads None required[1]. Otherwise, a lien may be perfected only to the extent that the notice is given [1].
Notice to the mortgagee. For a lien for materials or supplies to have priority over a recorded mortgage or trust deed on either the land or improvement, the rule reads Not later than eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010, after the date of delivery of material or supplies[1].
Information Notice to Owner. For a residential construction or improvement contract for which the aggregate contract price exceeds $2,000 [1], unless the owner is a contractor licensed with the Construction Contractors Board under ORS chapter 701, the rule reads At the time of signing a residential construction or improvement contract with the owner[1]. Without the notice, the original contractor may not claim any lien created under ORS 87.010 for labor, services or materials supplied under that contract [1].
Filing, service and suit. A lien is perfected by filing a claim of lien within the earlier of 75 days after the person has ceased to provide labor, rent equipment or furnish materials and 75 days after completion of construction[1]. Notice of the filing runs 20 days after the claim of lien is filed[1], and the notice of intent to foreclose Not later than 10 days prior to commencement of the suit[1]. A party failing to comply with either is allowed no costs, disbursements or attorney fees otherwise allowable under ORS 87.060 [1].
The lien binds the improvement for no longer than 120 days after the claim of lien is filed unless suit is brought in a proper court within that time [1]. If extended payment is provided and its terms are stated in the claim of lien, ORS 87.055 runs the period from the expiration of the extended payment, and no agreement to extend payment continues the lien in force beyond two years from the time the claim of lien is filed [1].
Notices of commencement and completion
Completion occurs on substantial completion, on the posting and recording of a completion notice, or on abandonment [1]. An improvement is abandoned on the 75th day after work on its construction ceases, or on a posted and recorded abandonment notice, unless a nonabandonment notice is posted and recorded [1].
Counting the days
ORS 174.120 leaves out the first day and includes the last [2]. An act falling on a Sunday or a legal holiday may be performed on the next business day, at every stage [3]. A last day on a Saturday may move later when the time to do the act is provided in the civil and criminal procedure statutes, or the act is to be performed in a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court [2].
What changed recently
Sections 87.035, 87.039, 87.055 and 87.057 were last amended in 1987 (chapter 662), 87.021 in 2003 (chapter 778), 87.045 in 2005 (chapter 22) and 87.093 in 2009 (chapter 408) [1].
: 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
: 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
: 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
: Dataset first published: 9 of 51 jurisdictions published.
