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Lien waivers by state · Oregon

Oregon lien waiver requirements

Oregon is a non-statutory state

Oregon does not prescribe a statutory lien-waiver form or any mandatory waiver language — waivers may be freely worded, and any clear written, signed release of lien rights is enforceable. There is no statutory prohibition on advance (pre-payment) or unconditional waivers, so parties have broad freedom of contract. Waiver-related rules appear in ORS Chapter 87 (Construction Lien Law) and ORS 701.630, which permits a contractor to contractually require that subcontractor/supplier waivers be notarized.

Statute: Oregon Construction Lien Law, ORS Chapter 87 (liens generally); ORS 701.630 references waivers but prescribes no waiver form. No statute prescribes lien-waiver form language.

Oregon lien waiver forms

The four standard waiver-and-release types and Oregon’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Notarization is not required for Oregon lien waivers by statute. However, ORS 701.630(2)(b) expressly permits an original contractor or subcontractor to require that waivers of lien be notarized, so notarization can be imposed as a contractual condition of payment. (Note: this differs from a lien CLAIM, which under ORS Ch. 87 is verified/sworn.)
Mandatory statutory language: Oregon's Construction Lien Law contains no statutory waiver form and no required lien-waiver language. Any written, signed document clearly waiving lien rights is effective; format and wording are left to the parties.
Electronic signatures accepted

Key Oregon deadlines

Preliminary / pre-lien notice: A Notice of Right to a Lien (ORS 87.021/87.023) should be given to the owner; it only protects lien rights for materials/equipment/labor/services furnished on or after a date 8 days (excluding Saturdays, Sundays, and holidays) before the notice is delivered or mailed, so deliver it within 8 business days of first furnishing. On commercial projects this is required of material suppliers and strongly advisable for all parties; parties with a direct contract with the owner are generally exempt.
Notice of intent to lien: Not required in Oregon — no notice of intent to lien is required before recording a construction lien.
Mechanics lien filing deadline: Within 75 days after the claimant ceased furnishing labor/equipment/materials, OR within 75 days after completion of construction, whichever is earlier (ORS 87.035). Suit to foreclose the lien must then be filed within 120 days of recording the claim of lien.

Oregon lien waiver FAQ

Does Oregon require a specific lien waiver form?

No. Oregon does not prescribe a statutory lien-waiver form or any required waiver language. Any clearly worded written, signed document waiving lien rights is enforceable.

Do lien waivers need to be notarized in Oregon?

No, not by statute. Oregon lien waivers do not have to be notarized. However, ORS 701.630(2)(b) expressly allows an original contractor or subcontractor to require that waivers of lien be notarized, so a notarization requirement can be imposed by contract.

Can lien waivers be signed electronically in Oregon?

Yes. Under Oregon's Uniform Electronic Transactions Act (ORS 84.019), an electronic signature has the same legal effect as a handwritten one, and lien waivers may be signed electronically.

What is the deadline to file a mechanics lien in Oregon?

Generally within 75 days after you last furnished labor, equipment, or materials, or within 75 days after completion of construction, whichever is earlier (ORS 87.035). A foreclosure suit must then be filed within 120 days of recording.