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
Lien Law Ground Rules: Construction and Interpretation of Oregon’s Lien Statutes
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
Oregon’s “Direct” Construction Lien Law
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
31st Annual Oregon Construction Law Seminar
Are you a construction industry professional looking to stay current on the legal landscape affecting your projects and operations? Join Sean Gay, Zachary Davis and Mario Nicholas who will be presenting at the Annual Oregon Construction Law Seminar, hosted by The Seminar Group, on Thursday, May 14, 2026. This event brings
The Construction Lien’s Status as an Interest in Real Property in Oregon
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
Building Fairness: The Public Policy Behind Oregon’s Lien Law
- They serve an economic function by encouraging economic activity – construction and development of real property – through a legal remedy that secures payment for those who furnish labor or materials to improve real property.
- Lien statutes reflect a policy of fairness in business
A Brief History of Oregon’s Construction Lien Law
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
Starting work before a contract is signed: risks, realities, strategies
Getting construction underway before a contract is signed can feel like a practical necessity in fast-paced projects. But what seems like progress can create unintended legal and operational risks. Modern construction agreements are detailed documents that define scope, risk allocation, insurance, compensation, and dispute resolution. When work begins without those terms firmly in place, parties
Upcoming Event: 30th Annual Oregon Construction Law Seminar
Are you a construction industry professional looking to stay current on the legal landscape affecting your projects and operations? Join me and my Stoel colleagues Zachary Davis, John Dudrey, and Mario Nicholas who will be presenting at the 30th Annual Oregon Construction Law Seminar, hosted by The Seminar Group, on Thursday
A Primer for Decoding Legal Jargon in Construction Contracts
Construction contracts are often loaded with industry and legal jargon, making them tough for nonlawyers to understand. Even though there’s a push for simpler legal language, lawyers are hesitant to let go of traditional terms. This reluctance means complex legal language will likely persist in construction contracts.
Commonly Misunderstood Legal Terms in Construction Contracts:
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