Oregon

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Because construction liens can affect other interests in real property, both public notice and actual notice to certain parties with recorded interests are essential to a fair lien system. In Oregon, timely recording a claim of lien with the county recorder provides the required public notice and is a prerequisite to a valid lien. Oregon’s…

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…

Like many modern American legal principles, the concept of the lien originated in England, where those who performed physical labor—so-called “mechanics”—were given a “charge” on the items upon which they worked. Shortly after the American Revolution, states and territories in the United States began enacting statutes giving builders lien rights to secure payment for their…

Oregon’s real estate professionals are on the cusp of a sweeping regulatory overhaul. House Bill 3137, signed into law in June 2025 and taking effect January 1, 2026, introduces significant new responsibilities for brokers, tighter oversight of teams, and expanded education requirements—all aimed at enhancing accountability across the industry.

With final rules now in place…

Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature.

SB 426 addresses wage theft in the construction industry.  If enacted, it would impose joint and several liability on the owner and prime contractor for unpaid employee wages – including fringe benefits…

On September 12, 2024, join me at the Hyatt Regency Portland for Bisnow’s Portland State of the Market. Stoel Rives is a proud sponsor of the event, which will focus on Portland’s development outlook, including how companies are driving projects to completion, as well as real-estate issues related to living and working in downtown…