Statutory Liens

ORS 87.030
Effect of owner’s knowledge of improvement

  • notice of nonresponsibility

(1)

Every improvement except an improvement made by a person other than the landowner in drilling or boring for oil or gas, constructed upon lands with the knowledge of the owner shall be deemed constructed at the instance of the owner, and the interest owned shall be subject to any lien perfected pursuant to the provisions of ORS 87.001 (Short title) to 87.060 (Foreclosure) and 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner), unless the owner shall, within three days after the owner obtains knowledge of the construction, give notice that the owner will not be responsible for the same by posting a notice in writing to that effect in some conspicuous place upon the land or the improvement situated thereon.

(2)

Subsection (1) of this section does not apply to a lien prohibited under ORS 87.037 (Prohibition against claim of lien). [Amended by 1975 c.466 §9; 1987 c.662 §5; 2007 c.648 §9]

Notes of Decisions

Because "construction" refers to ongoing process of creating property improvement, principle of constructive request does not apply where owner first becomes aware of improvement after completion. Miller v. Ogden, 134 Or App 589, 896 P2d 596 (1995), aff'd 325 Or 248, 935 P2d 1205 (1997)

§§ 87.001 to 87.060

Notes of Decisions

In absence of express waiver by contractor of right to file construction lien, agreement to arbitrate disputes did not prevent filing of lien and thereafter foreclosing to recover unpaid amounts and costs and attorney fees incurred in preparation, filing and foreclosure of lien claim. Harris v. Dyer, 50 Or App 223, 623 P2d 662 (1981), as modified by 292 Or 233, 637 P2d 918 (1981)

Source

Last accessed
Jun. 26, 2021

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