A large part of our client base are construction companies. One of the main services we provide to our construction clients besides pre and post lien notices are the preparation of construction liens. In assisting our clients in analyzing the timing on preparing the construction lien and filing the construction lien are based in part of information provided by the Oregon CCB and the Oregon Revised Statutes, Section 87. The Oregon CCB provides information on the explanation on construction liens at https://www.oregon.gov/ccb/documents/pdf/constructionlienspamplet.pdf and the Oregon Revised Statutes explaining the legal process can be found at https://www.oregonlegislature.gov/bills_laws/ors/ors087.html
Since we are not attorneys, we cannot provide legal advice, however we can explain how our process works. When we have a construction client that is not being paid on a construction job, we often meet and discuss the pros and cons of preparing and filing the construction lien. There are many factors that go into that decision, such as the amount of money the client is seeking, the relationship with the debtor party, timing of the lien, potential future projects with the debtor and other potential conflicting parties, the status of the project and much more. Those are all very important factors in deciding the next steps and developing a strategy.
If the client chooses to move forward with the preparation of the lien, we will have the client provide us all necessary information, i.e. all the back-up documentation including but not limited to the contract, schedules, change orders, payments, credits, offsets, etc. O