Appendix 16a Oregon Lien and Bond Summary

LibraryConstruction Law in Oregon (OSBar) (2019 Ed.)

Appendix 16A Oregon Lien and Bond Summary

OREGON LIEN AND BOND SUMMARY
1. Is the project located in Oregon?

Lien laws are different in every state; generally, the law of the state where the project is located will apply. Consult with a lawyer licensed to practice in the state where the project is located.

2. Is the project public or private?

If the property is owned privately (i.e., not by the federal or state government, or any subdivision of the same), then the claimant's remedy is to file a claim of construction lien. See ORS 87.035. Check to determine whether there may also be a voluntary payment bond on the project. If the project is public, then the claimant's remedy is to file a bond claim, either under the Miller Act (for federal projects) or under the Oregon Little Miller Act (for Oregon public works). See § 10.5 to § 10.6.6 (the Miller Act and Oregon's Little Miller Act). Yet, to the extent that the public has given up an interest in its property, such as a...

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