A contractor performs $8,500 worth of work on a residential property in Oregon. The homeowner refuses to pay. Under ORS 87, what is the deadline to file a construction lien?
Correct Answer
B) 120 days from completion of work
Under ORS 87, construction liens must be filed within 120 days after completion of the work or improvement.
Why This Is the Correct Answer
Oregon Revised Statutes Chapter 87 requires that a construction lien be filed within 120 days after the contractor's last day of work or last provision of materials on the project. Missing this deadline extinguishes lien rights entirely, leaving the contractor to pursue only breach-of-contract remedies.
Why the Other Options Are Wrong
Option A: 180 days from completion of work
180 days is the filing period used in some other states (e.g., federal Miller Act payment bond claims can have longer windows). Oregon's ORS 87 specifically establishes 120 days — not 180 — for construction liens.
Option C: 90 days from completion of work
90 days is the lien filing deadline used in several other states and is a common distractor. Oregon's deadline is longer at 120 days. Confusing these two periods could cause a contractor to believe their lien is still timely when in fact 90 days has not passed but 120 days has.
Option D: 75 days from completion of work
75 days has no basis in ORS 87 for construction liens. It may be confused with preliminary notice deadlines or shorter time frames applicable to other lien-related filings.
Memory Technique
Oregon = '1-2-0 days' — the digits 1, 2, 0 spell out 120. Picture an Oregon road sign: 'Lien Filing Zone — 120 Days.' The preliminary notice has a much shorter window (8 days for subcontractors), so always distinguish pre-notice from lien filing.
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