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?
Correct Answer
D) July 14th
Under ORS 87, subcontractors must file lien claims within 75 days of their last work. From April 30th, 75 days brings the deadline to July 14th.
Why This Is the Correct Answer
The correct answer is D (July 14th). Under ORS 87, the 75-day lien filing deadline runs from the last day work was performed — not from when payment stopped. The subcontractor's last day of work was April 30th (the last day the GC was paying, which aligns with completion of the subcontractor's scope). Counting 75 days from April 30th: April has 30 days (0 remaining after April 30), May = 31 days, June = 30 days, July = 14 days. 31 + 30 + 14 = 75 days → July 14th.
Why the Other Options Are Wrong
Option A: July 29th
July 29th is incorrect. This result would come from counting 75 days from an incorrect start date, such as May 15th (i.e., 30 days after March 15th). The 75-day clock starts from the last day of work, which is April 30th.
Option B: June 14th
June 14th is incorrect. This result is approximately 45 days from April 30th, not 75 days. Stopping the count too early is a common calculation error.
Option C: May 29th
May 29th is incorrect. This is only about 29 days from April 30th. This error may result from confusing the lien deadline with a 30-day notice requirement or a different statute.
Memory Technique
Step 1: Identify last day of work (April 30). Step 2: Count 75 days forward. Use the month-by-month method: May has 31 days (running total: 31), June has 30 (total: 61), need 14 more days into July (total: 75) = July 14. Always count from last day of work, not last day of payment.
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