Oregon’s construction lien statutes are grounded in several public policy considerations:

  1. They serve an economic function by encouraging economic activity – construction and development of real property – through a legal remedy that secures payment for those who furnish labor or materials to improve real property.   
  2. Lien statutes reflect a policy of fairness in business dealings.  It is fair that those who improve real property are granted a real property interest in those improvements, which can be used to prevent the unjust enrichment of the property owner at the contractor’s expense.
  3. They encourage prompt payment.  A reliable remedy for non-payment such as a construction lien encourages prompt payment to those who improve real property.
  4. Lien statutes reduce litigation by encouraging the prompt resolution of disputes.  Many payment disputes settle soon after a lien claim is recorded, because a valid construction lien claim threatens the existence of other interests in real property—such as those of project owners and lenders.
  5. They recognize that the typical payment process on Oregon construction projects – under which work is performed before payment is made – inherently involves the granting of credit by lower-tier parties to upper-tier parties.  A construction lien provides claimants with a form of collateral to secure the debt associated with that credit.

Photo of Sean Gay Sean Gay

Sean Gay is a former construction professional who applies his extensive industry experience to help clients achieve their goals. Before joining Stoel Rives, Sean managed construction projects in Washington and Hawaii. As a construction project manager, Sean was intimately involved in the technical…

Sean Gay is a former construction professional who applies his extensive industry experience to help clients achieve their goals. Before joining Stoel Rives, Sean managed construction projects in Washington and Hawaii. As a construction project manager, Sean was intimately involved in the technical and financial aspects of his projects.

Clients rely on Sean’s ability to leverage his real-world experience to their legal issues. He advises clients on a broad range of matters, including project management issues, contract negotiations, public contracting issues, bid protests, and disputes. Sean has extensive experience litigating and arbitrating a wide variety of complex construction matters. His knowledge about how construction projects get managed and built—and occasionally result in disputes—has proved an invaluable resource in his legal career.

Sean is a partner in Stoel Rives’ Construction & Design group.

Click here for Sean Gay’s full bio.