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Oregon lien waiver requirements
Oregon does not prescribe a waiver form, but the Notice of Right to a Lien only protects work done after an 8-day lookback window.
Or. Rev. Stat. §§ 87.001 to 87.093 (Construction Lien Law)
The short version
Oregon's Construction Lien Law lives in ORS 87.001 through 87.093. Waivers are not on a statutory form, but the rest of the chapter is detailed. The Notice of Right to a Lien under ORS 87.021 is the linchpin for any claimant who does not contract with the owner. It only protects work done within an 8-business-day lookback. Anything older than that, the notice does not cover.
At a glance
- Notice of Right to a Lien required on residential projects (ORS 87.021)
- Notice covers work done within 8 business days before delivery
- Lien filed within 75 days of last furnishing or completion
- Foreclosure action due within 120 days of recording
The 8-day lookback on the Notice of Right to a Lien
Under ORS 87.021, a claimant who does not contract with the owner has to give the owner a Notice of Right to a Lien. The notice can be given at any time during the project, but it only protects lien rights for materials, equipment, and labor furnished after a date 8 business days before the notice was delivered or mailed.
That 8-day lookback is the trap. A sub who waits until month three of a six-month project to send the notice cannot lien for the first two-and-three-quarter months of work. For GCs, this means subs who sent the notice early have wider lien exposure. Track the notices as they come in.
Residential vs. commercial notice rules
The Notice of Right to a Lien is required for labor or material claimants on residential buildings — owner-occupied with up to four units. On a commercial project, the notice is recommended but not required for the lien to attach. Material suppliers always have to give it regardless of project type.
For an Oregon residential job, a sub who never served the notice has no lien claim at all. That changes the waiver math. You still collect waivers from those subs to satisfy lenders and title companies, but the underlying lien exposure is already zero. Verify the notice trail before chasing every signature.
The 75-day filing clock
Under ORS 87.035, a claimant has 75 days from the last day labor or materials were furnished, or from when the project was completed or abandoned, to record the claim of lien with the county recording officer. After recording, a foreclosure suit has to follow within 120 days.
For Oregon closeouts, the 75-day window is the one to mark in the calendar. Unconditional final waivers collected before day 75 close out the lien risk on that sub. Anything still open at day 75 is at risk of becoming a recorded lien. Title companies will not close without that paperwork cleaned up.
Questions
Does Oregon require a specific lien waiver form?
No. Oregon does not prescribe a waiver form. The Construction Contractors Board publishes a recommended Notice of Right to a Lien form, but the waiver itself is not regulated.
What is the 8-day rule on Oregon's Notice of Right to a Lien?
Under ORS 87.021, the notice only protects lien rights for work done after a date 8 business days before the notice was delivered. Earlier work is not covered, no matter when the notice is served.
How long does an Oregon claimant have to file a lien?
75 days from the last day labor or materials were furnished, or from project completion or abandonment, under ORS 87.035.
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