(a) The improvement is substantially complete;
(b) A completion notice is posted and recorded as provided by subsections (2) and (3) of this section; or
(c) The improvement is abandoned as provided by subsection (5) of this section.
(2) When all original contractors employed on the construction of an improvement have substantially performed their contracts, any original contractor, the owner or mortgagee, or an agent of any of them may post and record a completion notice. The completion notice shall state in substance the following:
______________________________________________________________________________
Notice hereby is given that the building, structure or other improvement on the following described premises, (insert the legal description of the property including the street address, if known) has been completed.
All persons claiming a lien upon the same under the Construction Lien Law hereby are notified to file a claim of lien as required by ORS 87.035.
Dated ______, 2__
____________
Original Contractor, Owner or Mortgagee
P. O. Address: ______
______________________________________________________________________________
(3) Any notice provided for in this section shall be posted on the date it bears in some conspicuous place upon the land or upon the improvement situated thereon. Within five days from the date of posting the notice, the party posting it or the agent of the party shall record with the recording officer of the county in which the property, or some part thereof, is situated, a copy of the notice, together with an affidavit indorsed thereon or attached thereto, made by the person posting the notice, stating the date, place and manner of posting the notice. The recording officer shall indorse upon the notice the date of the filing thereof and record and index the notice in the statutory lien record as required by ORS 87.050.
(4) Anyone claiming a lien created under ORS 87.010 on the premises described in a completion or abandonment notice for labor or services performed and materials or equipment used prior to the date of the notice shall perfect the lien pursuant to ORS 87.035.
(5) Except as provided in subsection (6) of this section, an improvement is abandoned:
(a) On the 75th day after work on the construction of the improvement ceases; or
(b) When the owner or mortgagee of the improvement or an agent of either posts and records an abandonment notice in writing signed by either the owner or the mortgagee.
(6) When work on the construction of an improvement ceases, if the owner or mortgagee of the improvement intends to resume construction and does not want abandonment to occur, the owner or mortgagee or an agent of either shall post and record a nonabandonment notice in writing signed by either the owner or mortgagee. The notice of nonabandonment shall be posted and recorded not later than the 74th day after work on the construction ceases. The notice of nonabandonment may be renewed at intervals of 150 days by rerecording the notice.
(7) The notices of abandonment or nonabandonment described in subsections (5) and (6) of this section shall state in substance:
(a) That the improvement is either abandoned or not abandoned.
(b) The legal description of the property, including the street address if known, on which the improvement is located.
(c) In the case of an abandonment notice, that all persons claiming a lien on the improvement should file a claim of lien pursuant to ORS 87.035.
(d) In the case of a nonabandonment notice, the reasons for the delay in construction.
(e) The date of the notice.
(f) The address of the person who signs the notice. [Amended by 1975 c.466 §11; 1985 c.596 §2; 1987 c.662 §8; 2001 c.577 §6; 2005 c.22 §53]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Section 87.005 - Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093.
Section 87.010 - Construction liens; who is entitled to lien.
Section 87.015 - Land and interests therein subject to lien; leaseholds.
Section 87.018 - Delivery of notices.
Section 87.023 - Notice of right to lien; form of notice.
Section 87.030 - Effect of owner’s knowledge of improvement; notice of nonresponsibility.
Section 87.035 - Perfecting lien; filing claim of lien; contents of claim.
Section 87.036 - Subcontractor’s perfection of claim of lien; notice; fee; rules.
Section 87.037 - Prohibition against claim of lien.
Section 87.039 - Notice of filing claim of lien; effect of failure to give notice.
Section 87.055 - Duration of lien; when suit to enforce lien commences.
Section 87.060 - Foreclosure; right to jury trial; distribution of proceeds of foreclosure sale.
Section 87.076 - Bond or deposit of money; amount; demand for release of lien; effect.
Section 87.081 - Filing affidavit with county officer.
Section 87.088 - Release of lien or return of money.
Section 87.142 - Definitions for ORS 87.142 to 87.490 and 87.910.
Section 87.146 - Priorities of liens.
Section 87.156 - Innkeeper’s lien.
Section 87.166 - Attachment of liens.
Section 87.172 - Time period before foreclosure allowed.
Section 87.176 - Fees for storage of chattel; notice to lien debtor; effect of failure to comply.
Section 87.179 - Determination of adequacy of bond.
Section 87.181 - Release of lien or return of money.
Section 87.182 - Effect of prior security interest on method of foreclosure.
Section 87.192 - Notice of foreclosure sale to lien debtor; public notice.
Section 87.202 - Statement of account of foreclosure sale.
Section 87.206 - Disposition of proceeds of foreclosure sale.
Section 87.214 - Disposal of property left with launderer or dry cleaner.
Section 87.222 - Logger’s, woodworker’s and timberland owner’s lien.
Section 87.226 - Agricultural services lien.
Section 87.232 - Fishing lien and fish worker’s lien.
Section 87.236 - Attachment of liens; attachment to proceeds.
Section 87.246 - Recording; fees.
Section 87.252 - Notice to owner and holders of security interests; effect of failure to comply.
Section 87.266 - Duration of liens.
Section 87.272 - Petition for foreclosure without suit.
Section 87.276 - Evidence admissible; issuance of show cause order.
Section 87.282 - Waiver of right to hearing before filing of petition.
Section 87.288 - Show cause order; contents; service.
Section 87.312 - Effect of notice of foreclosure sale to secured parties; failure to give notice.
Section 87.316 - Disposition of proceeds of foreclosure sale.
Section 87.352 - Mining labor and material lien.
Section 87.364 - Attachment of liens.
Section 87.386 - Costs and attorney fees in foreclosure.
Section 87.392 - Priorities of liens.
Section 87.450 - Filing notice of claim of lien on judgment for sum of money.
Section 87.470 - Contents of notice of claim of lien.
Section 87.475 - Effect of settlement on attorney’s lien; satisfaction of judgment.
Section 87.490 - Priority of attorney’s lien upon actions and judgments.
Section 87.501 - Definitions for ORS 87.501 to 87.542.
Section 87.503 - Lien for long term care; statement concerning lien to be given to care recipient.
Section 87.507 - Perfecting lien; notice of lien; serving notice of lien; time to perfect lien.
Section 87.512 - Contents of notice of lien.
Section 87.517 - Recording notice of lien.
Section 87.522 - Foreclosure of lien; attorney fees.
Section 87.527 - Limitations on property subject to lien.
Section 87.533 - Assets and income that are exempt from lien.
Section 87.537 - Duration of lien.
Section 87.542 - Priority of lien.
Section 87.560 - Limitations on extent of lien.
Section 87.565 - Notice of lien required.
Section 87.570 - Form of notice.
Section 87.603 - Definitions for ORS 87.603 to 87.633.
Section 87.613 - Notice of lien required.
Section 87.617 - Form of notice; contents.
Section 87.627 - Payment after notice of lien; liability to provider of services; exception.
Section 87.685 - Definitions for ORS 87.685 to 87.695.
Section 87.686 - Rental agreement; statement of insurance held by owner.
Section 87.689 - Notice of foreclosure and sale.
Section 87.693 - ORS 87.687 as exclusive law for creating lien; exception.
Section 87.700 - Definitions for ORS 87.228 and 87.700 to 87.736.
Section 87.705 - Agricultural produce lien; date lien attaches.
Section 87.725 - Foreclosure; costs allowable to prevailing plaintiff.
Section 87.750 - Definitions for ORS 87.750 to 87.777.
Section 87.755 - Grain producer’s lien; date lien attaches; priority.
Section 87.767 - Form of notice; public record; fee.
Section 87.806 - Filing of federal tax liens.
Section 87.821 - Filing and indexing fee; rules.
Section 87.855 - Lien for contributions to employee benefit plan; priority.
Section 87.860 - Filing of claim of lien.
Section 87.865 - Foreclosure; joinder or consolidation; costs; limitation.
Section 87.872 - Lien for mold created or work performed with mold.
Section 87.876 - Sale of mold.
Section 87.930 - Secretary of State to furnish list of persons who have filed financing statement.