Under ORS 87, if a prime contractor receives payment from the property owner but fails to pay subcontractors, the unpaid subcontractors can file a lien claim within how many days of learning about the nonpayment?
Correct Answer
C) 75 days
ORS 87 allows subcontractors 75 days from completion of work or learning of nonpayment to file lien claims.
Why This Is the Correct Answer
75 days is correct. ORS 87 provides subcontractors a 75-day window to file lien claims after completing their work or learning of nonpayment by the prime contractor. This 75-day period is a core deadline in Oregon's construction lien statutes and applies consistently to subcontractors seeking to protect their right to payment.
Why the Other Options Are Wrong
Option A: 30 days
30 days is incorrect. 30 days is too short and does not match ORS 87's subcontractor lien deadline. A 30-day window is used in some preliminary notice requirements but not for filing the actual lien claim.
Option B: 90 days
90 days is incorrect. While 90 days is a common lien deadline in other states, Oregon's ORS 87 sets the subcontractor lien filing period at 75 days, not 90. Choosing 90 days reflects knowledge that the deadline is substantial but misses the specific Oregon figure.
Option D: 60 days
60 days is incorrect. 60 days is shorter than the actual 75-day period. Some candidates guess 60 days because it is a common administrative deadline, but ORS 87 specifically provides 75 days for subcontractor liens.
Memory Technique
In Oregon, the key ORS 87 lien number is 75 — across the board. Prime contractors: 75 days from completion. Material suppliers: 75 days from completion. Subcontractors: 75 days from completion or learning of nonpayment. '75 is the Oregon lien lifeline.'
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