March 2026

In Oregon, the construction lien was created by the legislature and codified in statute.  As such, construction lien rights were not recognized at common law or in equity. As statutes in derogation of the common law, Oregon’s rules of statutory construction dictate that lien statutes must be strictly construed. For example, Oregon courts will not extend lien…

Under Oregon law, construction lien claimants have a “direct” lien. Although the lien arises through the statutory agency of the contractor, for lien claimants other than the contractor, it is independent of the contractor and secures payment to the claimant regardless of whether the owner paid the contractor or whether the contractor waived or released…

Artificial intelligence is becoming part of everyday practice for contractors and design professionals, and the legal implications are evolving. Two issues have emerged as particularly important: who owns AI-assisted design work, and what happens when data is shared with AI tools.

Design documents have long been protected by copyright, and design and construction contracts have…

A construction lien is a statutory interest in privately owned real property.  It is granted to individuals and entities who provide labor, materials, or services that improve the property.  Because the construction lien is an interest in real property, it has the potential to affect other competing interests in the same property. Oregon’s construction lien…

[3/20/26 Update]  Since this alert was published, a federal district court in Texas struck down FinCEN’s Residential Real Estate Rule discussed below. We will continue to monitor developments, including any appeal or further guidance, and update this alert as appropriate.

The U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) has implemented a nationwide reporting…