A contractor completes a $12,000 deck project but the homeowner claims defective work. Under ORS 87, how long does the contractor have to file a lien for unpaid amounts?
Correct Answer
A) 120 days from project completion
Under ORS 87, contractors have the same 120-day deadline as other lien claimants to file liens for unpaid work, even against homeowners.
Why This Is the Correct Answer
Under Oregon Revised Statutes (ORS) 87, contractors have 120 days from substantial completion of the work to file a construction lien claim. This applies to all construction projects, including residential work for homeowners. The 120-day deadline is a firm statutory requirement that protects both contractors' payment rights and provides homeowners with certainty about potential lien exposure. This timeframe allows contractors reasonable time to pursue payment through other means before filing a lien.
Why the Other Options Are Wrong
Option B: Contractors cannot file liens against homeowners
This is incorrect because contractors absolutely can file liens against homeowners under Oregon law. ORS 87 specifically provides lien rights for contractors, subcontractors, and material suppliers on all types of construction projects, including residential properties. The homeowner's property serves as security for unpaid construction costs, regardless of whether the property is residential or commercial.
Option C: 90 days from project completion
While 90 days is a common lien filing deadline in some jurisdictions and for certain types of claims, Oregon's construction lien statute specifically provides 120 days from substantial completion. Using the wrong timeframe could result in losing lien rights entirely, as courts strictly enforce these statutory deadlines without exceptions for good faith mistakes about the law.
Option D: 75 days from project completion
The 75-day timeframe is not the correct deadline under Oregon law for construction liens. This shorter period might apply to other types of claims or notices in construction law, but ORS 87 clearly establishes 120 days as the deadline for filing construction liens. Missing this deadline by using an incorrect shorter timeframe would forfeit the contractor's lien rights.
Memory Technique
Remember '120 Oregon Days' - Oregon gives contractors a full 4 months (120 days) to file liens, longer than many states that use 90 days.
More or-supplement Questions
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Under ORS 701, what is the maximum amount a residential contractor can collect as a down payment before starting work?
A homeowner cancels a $8,000 roofing contract within the 3-day right to cancel period. The contractor had already ordered $1,200 in custom materials. How much can the contractor retain?
A general contractor hires a subcontractor who performs $15,000 worth of electrical work. The property owner pays the general contractor but the general contractor fails to pay the subcontractor. Calculate the subcontractor's maximum lien claim under ORS 87.
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What is the minimum experience requirement for obtaining an Oregon CCB contractor license?
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Previous Question
A homeowner contracts for $35,000 worth of work. The contractor completes $28,000 worth of work but abandons the project. Under Oregon law, what is the maximum the homeowner can recover from the CCB's bond?
Next Question
A contractor files a construction lien on a residential property in Oregon. Under ORS 87, within how many days must the lien be recorded after the last day of work?