Millard & Bragg Attorneys at Law P.C.
Experienced Oregon and Washington Construction Law Attorneys
Who is Entitled to a Construction Lien
Architects, landscape architects, builders, land surveyors, suppliers, painters, roofers, registered engineers, and anyone who performs a service or has an investment in the property or land may have a lien on the land or structures that their services benefited. A contractor must be properly licensed and the contractor must remain licensed throughout the performance of the work in order to file a lien. If a contractor is not properly licensed, the contractor’s rights may be called into question.
Interests Subject to Lien
Interests subject to lien on an improvement under construction include, but are not limited to any land that may be necessary for the use and occupancy of the improvement and the actual site of the improvement. The lien can only cover the interest in the site and land of the person that requested the improvement to be done.
Contents of Claim of Lien
When filing for a lien, it must contain the following: Name of the owner; Description of the Property; Itemization of the properties credits and offsets along with any balance owing; and the verification that the lien is legitimate and valid.
Timing of Foreclosure
A suit to foreclose a claim of lien must commence within 120 days in Oregon once the lien has been filed (other states can vary). After that time, the lien expires. Once a lien expires it cannot be renewed.
Typically, the winning party in a foreclosure suit is entitled to request reimbursement for their attorney fees. This amount could easily exceed the amount of the lien.