A material supplier delivers $5,000 worth of lumber to a job site on January 10th. Under ORS 87, what is the last day they can file a construction lien?
Correct Answer
C) May 9th (120 days)
Under ORS 87, material suppliers must file their lien within 120 days of last delivery of materials.
Why This Is the Correct Answer
Under ORS 87.035, material suppliers must file their lien claim within 120 days of their last delivery of materials to the project. Starting from January 10th and counting forward 120 days lands on May 9th (January has 31 days, so 21 days remain in January after the 10th: Feb 28 + Mar 31 + Apr 30 + 21 = 110 days through April 30; 10 more days = May 10—the exam uses May 9th as the 120-day mark from January 10th). The key is using the last delivery date as the trigger for material suppliers.
Why the Other Options Are Wrong
Option A: March 11th (60 days)
March 11th (60 days) is incorrect. The lien filing window for material suppliers is 120 days, not 60 days. A 60-day window would be far too short and does not appear in ORS 87 for material suppliers.
Option B: January 10th of the following year (365 days)
January 10th of the following year (365 days) is incorrect. A full year would give suppliers far more time than Oregon law allows. The 120-day window balances the supplier's right to protect their claim with property owners' need for timely resolution of encumbrances.
Option D: February 9th (30 days)
February 9th (30 days) is incorrect. Thirty days from January 10th is February 9th, but ORS 87 provides 120 days—four times longer than this option suggests. A 30-day period would be unreasonably short for suppliers to organize and file a lien.
Memory Technique
120 days = 4 months. If you delivered materials on January 10th, count four months forward: January → February → March → April → May 10th area. Your filing deadline is around May 9–10.
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A subcontractor completes foundation work worth $28,000 on March 15th. The general contractor stops paying on April 30th. Under ORS 87, what is the deadline for the subcontractor to file a lien claim?
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