In Oregon, there are five general categories of construction lien claimants:

  1. A person who performs labor, transports or furnishes materials to be used in, or rents equipment used in the construction of an improvement.
  2. A person who engages in or rents equipment for the preparation of land or improves or rents equipment for the improvement of a street or road adjoining land at the request of the owner of the land.
  3. Trustees of an employee benefit plan that are due contributions due to labor performed on the improvement.
  4. An architect, landscape architect, land surveyor or registered engineer who prepares plans, drawings or specifications that are intended for use in or to facilitate the construction of an improvement, or who supervise the construction.
  5. A landscape architect, land surveyor or other person who prepares plans, drawings, surveys or specifications that are used for the landscaping or preparation of land, or who supervises the landscaping or preparation of land.

As this list illustrates, lien claimants are further categorized by their activity (e.g., construction of an improvement), legal status (e.g., trustee) or profession (e.g., architect). It is frequently the case that an individual lien claimant’s performance may fall under several categories of lien. For example, a prime contractor may claim a lien for site preparation and for labor and materials used in the construction of an improvement. Although multiple categories may be involved, a single lien will be claimed for all categories rather than several different lien claims. The legal rules applicable to perfection and foreclosure will be applied to the single lien.

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.