87.021 Notice to owners; notice from owner to original contractor; effect of failure to give notice
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87.021 Notice to owners; notice from owner to original contractor; effect of failure to give notice.
(1)Except when material, equipment, services or labor described in ORS 87.010
(1)to (3),
(5)and
(6)is furnished at the request of the owner, a person furnishing any materials, equipment, services or labor described in ORS 87.010
(1)to (3),
(5)and
(6)for which a lien may be perfected under ORS 87.035 shall give a notice of right to a lien to the owner of the site. The notice of right to a lien may be given at any time during the progress of the improvement, but the notice only protects the right to perfect a lien for materials, equipment and labor or services provided after a date which is eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010, before the notice is delivered or mailed. However, no lien is created under ORS 87.010
(5)or
(6)for any services provided for an owner-occupied residence at the request of an agent of the owner.
(2)The notice required by subsection
(1)of this section shall be substantially in the form set forth in ORS 87.023.
(3)(a) Except as provided in paragraph
(b)of this subsection, a lien created under ORS 87.010
(1)to (3),
(5)or
(6)may be perfected under ORS 87.035 only to the extent that the notice required by subsection
(1)of this section is given.
(b)A person who performs labor upon a commercial improvement or provides labor and material for a commercial improvement or who rents equipment used in the construction of a commercial improvement need not give the notice required by subsection
(1)of this section in order to perfect a lien created under ORS 87.010. As used in this paragraph:
(A)“Commercial improvement” means any structure or building not used or intended to be used as a residential building, or other improvements to a site on which such a structure or building is to be located.
(B)“Residential building” means a building or structure that is or will be occupied by the owner as a residence and that contains not more than four units capable of being used as residences or homes.
(4)Unless otherwise agreed or the lien claimant who is required to give the notice under subsection
(1)of this section is in privity with the original contractor, when a provision in an agreement for the construction of a commercial improvement requires the original contractor to hold an owner harmless or to indemnify an owner for a lien created under ORS 87.010 and perfected under ORS 87.035, that provision is not enforceable as to any lien which requires that a notice under this section be given to the owner unless a copy of the notice is delivered pursuant to ORS 87.018 to the original contractor not later than 10 days after its receipt by the owner. [1975 c.466 §7 (enacted in lieu of 87.020); 1981 c.757 §3; 1983 c.674 §1; 1983 c.757 §1; 1987 c.662 §1; 2001 c.311 §1; 2002 s.s.1 c.6 §§1,4; 2003 c.778 §10]