Appendix 16b Checklist for Oregon Construction Lien

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

Appendix 16B Checklist for Oregon Construction Lien

CHECKLIST FOR OREGON CONSTRUCTION LIEN
75th Day:___, 20___(#18) 120th Day:___, 20___(#26)

TO DO

CONSIDER

1. Client's name:

Call the Oregon Secretary of State or check online (503-986-2200; < www.sos.state.or.us >) and the CCB (503378-4621; < www.ccb.state.or.us >). Review ORS 60.094 (corporate name), ORS 648.007 (assumed business names), ORS 671.575 (prohibits unlicensed landscaping business filing lien), and ORS 701.131 (prohibiting unlicensed landscaping contractors from perfecting a claim of lien or commencing a claim). Is client required to be licensed as a plumber or electrician?

2. Name of person or entity that employed client:

See 1 above. Also review contracts, invoices, credit applications, and payments. Review ORS 87.035(3)(c).

3. If client provided work to a contractor for a project to "renovate, remodel, repair or otherwise alter an existing owner-occupied residence," is that contractor CCB licensed?

[] Yes [] No

Date client checked CCB license status:

____________________

Is this date the date that client:

[] First contracted for project?

[] First delivered to the project site?

Check contractor's license status on the CCB's website (< www.ccb.state.or.us >), print out the page showing the contractor's license status, and keep a copy in the job file.

No lien rights if work is provided for a project to "renovate, remodel, repair or otherwise alter an existing owner-occupied residence" to a contractor that is unlicensed either at the time that client first contracted for the project or that client first delivered work to the project site, whichever is earlier. Review ORS 87.036.

NOTE: It will not be sufficient to have reviewed the status of a contractor's license upon the opening of a general credit account.

4. Name of owner(s):

See 1 above. Also review lien notices and title information. Review ORS 87.035(3)(b). See Miller v. Ogden, 134 Or App 589, 896 P2d 596, rev den, 322 Or 360 (1995), opinion withdrawn on recons, 322 Or 612 (1996), aff'd, 325 Or 248, 935 P2d 1205 (1997).

5. Name of mortgagee(s):

See 1 above.

6. All names confirmed with:

Secretary of State []

CCB []

Is the information the same? Are there any licensing issues?

7. Type of construction:

Residential []

Commercial []

Review ORS 87.021(3) (definitions) and ORS 87.093 (information notice to owner). Review Calapooia Pole Structures, Inc. v. Moulder, 128 Or App 190, 875 P2d 495 (1994) (look to the nature of the contract, not simply the location of the structure).

8. Client provided:

Labor []

Equipment []

Materials []

Services []

Review ORS 87.021 (notice of right to lien) and ORS 87.025(3) (materials). Review Teeny v. Haertl Constructors, Inc., 314 Or 688, 842 P2d 788...

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