Statutory Liens
Notice of intent to foreclose
- list of materials furnished and statement of prices
- effect of failure to give notice
Notes of Decisions
Mortgagee is entitled to notice whether or not necessary party to foreclosure. Molalla Pump & Heating Co. v. Chaney, 42 Or App 789, 602 P2d 874 (1979)
Where defendant files surety bond guaranteeing payment of construction lien before plaintiff commences action to foreclose lien, plaintiff's failure to plead and prove it gave mortgagee notice of intent to foreclose does not bar award of attorney fees when mortgagee is neither necessary nor permissive party to action. Morse Bros. Contractors v. C.J.H. Construction Co., 66 Or App 901, 675 P2d 1122 (1984)
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)