OWNER-OCCUPIED RESIDENTIAL REMODELS, RENOVATIONS, OR REPAIRS:
LICENSED OR REGISTERED (as appropriate) contractors and subcontractors; laborers; transporters or furnishers of materials; equipment rental; registered architect, etc., at least to owner, general, or “other person having charge of construction.” NOTE, HOWEVER, that a subcontractor, laborer, or supplier of materials or equipment will not have lien rights if the subcontractor or general contractor with whom the claimant is contracting is not licensed at the earlier of (a) the time they contract to do the work, or (b) the time they first deliver labor, materials or equipment to the site, unless payment is by cash or consumer credit. For additional considerations, review “All Projects” subsection that follows.
LICENSED contractors and subcontractors; laborers; transporters or furnishers of materials; equipment rental; trustees of an employee benefit plan; registered architect, etc., at least to owner, general, or “other person having charge of construction”. This latter category can include a 1st– or even 2nd-tier sub, if the subcontractor has a significant enough control over or involvement in a portion of the project to be considered a “construction agent”. There is a risk in bringing such a claim. NOTE that the claimant must be licensed at the time the claimant bid or entered into the contract, AND continuously while performing the work on the project. Even a two-week lapse in licensing during a project will be enough to deny the claimant the right to bring a claim. [Pincetich v. Nolan, 285 P3d 759 (Or.App. 2012)] NOTE that suppliers to suppliers do not have lien rights, unless they are supplying materials to a contractor or other person having charge of the construction or preparation. If the supplier can show that its customer (another supplier) in fact had “the right to control the means, method and manner of accomplishing the result desired for the finished product, albeit pursuant to plans and specifications provided by the owner,” then the supplier to the supplier may have lien rights. [87.010, 87.005, 701.131; OR Legis 1SS 77 (2010); Nucor Corp. v. Mohr Const. Co., 763 P.2d 754, 755-756, 93 Or.App. 709, 712-713 (Or.App. 1988)] NOTE ALSO that where a claimant accepts a trust deed from the owner to secure a debt that would otherwise be secured by a lien, the claimant forfeits his or her lien rights. [Evergreen Pacific, Inc. v. Cedar Brook Way, LLC, 251 Or.App. 194, 284 P.3d 509 (Or.App. 2012)] NOTE that there are now specific license endorsements that contractors, subcontractors and developers must have in order to bid or work on residential, small commercial and large commercial projects. Contractors and subcontractors must be licensed with the Construction Contractors’ Board to enforce a lien, and contractors must hire licensed contractors and subs that have the proper endorsement for the work they are hired to do. Note that developers may not perform any construction work on a property. NOTE that the definition of a contractor now also includes a person who purchases or owns property and constructs or arranges for the construction of one or more residential or small commercial structures with the intent of selling the structures, as well as a school district or community college district that has students build a structure in order to learn building techniques, and then sells the structure. To have lien rights, the contractor or subcontractor must be licensed or endorsed for the work performed. In addition, on a project exceeding $2,000 that is either a residential structure or a zero-lot-line dwelling, the original contractor must have a written contract with the owner, or the contractor will not have lien rights. NOTE that a joint venture or partnership that bids on a project is licensed if any partner or joint venturer whose name is in the business name of the entity has a current license and appropriate endorsement. [87.010; 87.037; 701.005; 701.055; 701.065; 701.021; Schor at §§38.01, 38.02[A]; G. Zanello & Son v. Portland Cent. Heating Co., 70 Or. 69, 139 P. 572 (1914)]