Statutory Liens

ORS 87.045
Completion date of improvement

  • notice of completion, abandonment or nonabandonment
  • contents of notice

(1)

The completion of construction of an improvement shall occur when:

(a)

The improvement is substantially complete;

(b)

A completion notice is posted and recorded as provided by subsections (2) and (3) of this section; or

(c)

The improvement is abandoned as provided by subsection (5) of this section.

(2)

When all original contractors employed on the construction of an improvement have substantially performed their contracts, any original contractor, the owner or mortgagee, or an agent of any of them may post and record a completion notice. The completion notice shall state in substance the following:
Notice hereby is given that the building, structure or other improvement on the following described premises, (insert the legal description of the property including the street address, if known) has been completed.
All persons claiming a lien upon the same under the Construction Lien Law hereby are notified to file a claim of lien as required by ORS 87.035 (Perfecting lien).
Dated ______, 2__
____________
Original Contractor, Owner or Mortgagee
P. O. Address: ______

(3)

Any notice provided for in this section shall be posted on the date it bears in some conspicuous place upon the land or upon the improvement situated thereon. Within five days from the date of posting the notice, the party posting it or the agent of the party shall record with the recording officer of the county in which the property, or some part thereof, is situated, a copy of the notice, together with an affidavit indorsed thereon or attached thereto, made by the person posting the notice, stating the date, place and manner of posting the notice. The recording officer shall indorse upon the notice the date of the filing thereof and record and index the notice in the statutory lien record as required by ORS 87.050 (Recording).

(4)

Anyone claiming a lien created under ORS 87.010 (Construction liens) on the premises described in a completion or abandonment notice for labor or services performed and materials or equipment used prior to the date of the notice shall perfect the lien pursuant to ORS 87.035 (Perfecting lien).

(5)

Except as provided in subsection (6) of this section, an improvement is abandoned:

(a)

On the 75th day after work on the construction of the improvement ceases; or

(b)

When the owner or mortgagee of the improvement or an agent of either posts and records an abandonment notice in writing signed by either the owner or the mortgagee.

(6)

When work on the construction of an improvement ceases, if the owner or mortgagee of the improvement intends to resume construction and does not want abandonment to occur, the owner or mortgagee or an agent of either shall post and record a nonabandonment notice in writing signed by either the owner or mortgagee. The notice of nonabandonment shall be posted and recorded not later than the 74th day after work on the construction ceases. The notice of nonabandonment may be renewed at intervals of 150 days by rerecording the notice.

(7)

The notices of abandonment or nonabandonment described in subsections (5) and (6) of this section shall state in substance:

(a)

That the improvement is either abandoned or not abandoned.

(b)

The legal description of the property, including the street address if known, on which the improvement is located.

(c)

In the case of an abandonment notice, that all persons claiming a lien on the improvement should file a claim of lien pursuant to ORS 87.035 (Perfecting lien).

(d)

In the case of a nonabandonment notice, the reasons for the delay in construction.

(e)

The date of the notice.

(f)

The address of the person who signs the notice. [Amended by 1975 c.466 §11; 1985 c.596 §2; 1987 c.662 §8; 2001 c.577 §6; 2005 c.22 §53]

Notes of Decisions

Where evidence showed construction project was abandoned, the 60-day time period for filing a lien under ORS 87.035 would start to run 60 days after work ceased. D.E.C. Eng. and Surveying v. G & J Invest., 57 Or App 742, 646 P2d 643 (1982)

If owner or mortgagee elects to post and record notice of completion, date of notice is determinative of completion date within the meaning of ORS 87.035. Star Rentals, Inc. v. Seeberg Construction Co., 66 Or App 822, 677 P2d 708 (1984), Sup Ct review denied

Law Review Citations

41 WLR 95 (2005)

Source

Last accessed
May 30, 2023

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