One consequence of Oregon’s policy of strictly limiting who may claim a construction lien is that a claimant may not assign a lien before it is perfected. Until a lien is perfected by public recording, it is considered a personal
Ahead of Schedule
Real Estate, Development & Construction Law Blog
Ahead of Schedule, published by Stoel Rives LLP, focuses on legal developments and practical guidance primarily in real estate, construction, and dispute resolution. The blog covers regulatory changes affecting real estate professionals, contract drafting strategies to anticipate litigation risks, and evolving laws impacting construction project payments and retention. It also explores mediation dynamics and the implications of contract clauses such as third-party beneficiary provisions. The content is aimed at helping legal practitioners, developers, contractors, and brokers navigate compliance, risk management, and dispute resolution within these sectors.
Latest from Ahead of Schedule - Page 2
The Essential Role of Notice Under Oregon’s Construction Lien Law
By Sean Gay
Because construction liens can affect other interests in real property, both public notice and actual notice to certain parties with recorded interests are essential to a fair lien system. In Oregon, timely recording a claim of lien with the county…
Lien Law Ground Rules: Construction and Interpretation of Oregon’s Lien Statutes
By Sean Gay
In Oregon, the construction lien was created by the legislature and codified in statute. As such, construction lien rights were not recognized at common law or in equity. As statutes in derogation of the common law, Oregon’s rules of statutory construction…
Oregon’s “Direct” Construction Lien Law
By Sean Gay
Under Oregon law, construction lien claimants have a “direct” lien. Although the lien arises through the statutory agency of the contractor, for lien claimants other than the contractor, it is independent of the contractor and secures payment to the claimant…
Artificial Development: The Benefits and Risks of AI in Construction
By Evan Brown
Artificial intelligence is becoming part of everyday practice for contractors and design professionals, and the legal implications are evolving. Two issues have emerged as particularly important: who owns AI-assisted design work, and what happens when data is shared with AI…
31st Annual Oregon Construction Law Seminar
Are you a construction industry professional looking to stay current on the legal landscape affecting your projects and operations? Join Sean Gay, Zachary Davis and Mario Nicholas who will be presenting at the Annual Oregon Construction Law Seminar, hosted by…
The Construction Lien’s Status as an Interest in Real Property in Oregon
By Sean Gay
A construction lien is a statutory interest in privately owned real property. It is granted to individuals and entities who provide labor, materials, or services that improve the property. Because the construction lien is an interest in real property, it…
Building Fairness: The Public Policy Behind Oregon’s Lien Law
By Sean Gay
Oregon’s construction lien statutes are grounded in several public policy considerations:
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FinCEN’s Residential Real Estate Rule: What Commercial Real Estate Developers Need to Know
[3/20/26 Update] Since this alert was published, a federal district court in Texas struck down FinCEN’s Residential Real Estate Rule discussed below. We will continue to monitor developments, including any appeal or further guidance, and update this alert as appropriate.…
A Brief History of Oregon’s Construction Lien Law
By Sean Gay
Like many modern American legal principles, the concept of the lien originated in England, where those who performed physical labor—so-called “mechanics”—were given a “charge” on the items upon which they worked. Shortly after the American Revolution, states and territories in…