Do I Need to Send an Intent to Lien
Full Question:
Answer:
Please see:
http://www.uslegalforms.com/constructionliens/oregon-mechanic-lien-forms.htm
The following are OR statutes:
87.010 Construction liens; who is entitled to lien.
(1) Any person performing labor upon, transporting or furnishing any
material to be used in, or renting equipment used in the construction of
any improvement shall have a lien upon the improvement for the labor,
transportation or material furnished or equipment rented at the instance
of the owner of the improvement or the construction agent of the owner.
(2) Any person who engages in or rents equipment for the preparation of
a lot or parcel of land, or improves or rents equipment for the
improvement of a street or road adjoining a lot or parcel of land at the
request of the owner of the lot or parcel, shall have a lien upon the
land for work done, materials furnished or equipment rented.
(3) A lien for rented equipment under subsection (1) or (2) of this
section shall be limited to the reasonable rental value of the equipment
notwithstanding the terms of the underlying rental agreement.
(4) Trustees of an employee benefit plan shall have a lien upon the
improvement for the amount of contributions, due to labor performed on
that improvement, required to be paid by agreement or otherwise into a
fund of the employee benefit plan.
(5) An architect, landscape architect, land surveyor or registered
engineer who, at the request of the owner or an agent of the owner,
prepares plans, drawings or specifications that are intended for use in or
to facilitate the construction of an improvement or who supervises the
construction shall have a lien upon the land and structures necessary for
the use of the plans, drawings or specifications so provided or
supervision performed.
(6) A landscape architect, land surveyor or other person who prepares
plans, drawings, surveys or specifications that are used for the
landscaping or preparation of a lot or parcel of land or who supervises
the landscaping or preparation shall have a lien upon the land for the
plans, drawings, surveys or specifications used or supervision performed.
[Amended by 1957 c. 651 § 2; 1973 c. 671 § 2; 1975 c. 466 § 3;
1977 c. 596 § 2; 1981 c. 757 § 1]
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)
NOTES OF DECISIONS
Unpaid subcontractor materialman could maintain action
against insurer on contractor's bond, which promised to
"pay all persons who performed work"; overruling
to extent of inconsistency, Tait & Co. v. D. Diamond
Corp., 228 Or 602, 365 P2d 883 (1961). Jacobs
Associates v. Argonaut Ins. Co., 282 Or 551, 580 P2d 529
(1978)
87.021 Notice to owners; notice from owner to original contractor; effect
of failure to give notice.
(1) 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. However, no lien is created under ORS 87.010(5) or (6) for any
services provided for an owner-occupied residence at the request of an
agent of the owner.
