§ 16.1 Introduction

LibraryConstruction Law in Oregon (OSBar) (2019 Ed.)
§ 16.1 INTRODUCTION

Construction liens were not recognized at common law and are entirely of statutory origin. Lemire v. McCollum, 246 Or 418, 426, 425 P2d 755 (1967). Construction-lien statutes were enacted in Oregon to enable suppliers to encumber land that was improved by their efforts and thus provide effective security for their claims. Lemire, 246 Or at 246-47.

The Legislative Assembly of the Territory of Oregon adopted the original construction-lien law in 1851. 1851 Or (Territory) Laws 167. The 1987 Legislature adopted significant revisions to these statutes. The Oregon Legislature continues to make minor revisions to the Construction Lien Law (ORS 87.001-87.093) from time to time, with modifications as recent as 2016.

PRACTICE TIP: The legislature often considers further modifications to the lien statutes. Therefore, the lawyer should be careful to research the most recent statutes.

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