Oregon Lien Waiver Forms — Generate in 60 Seconds
Generate Oregon lien waivers designed to comply with ORS Chapter 87 (Construction Lien Law). Oregon does not prescribe mandatory form language, so template clarity and completeness matter. All four waiver types available with free preview. No notarization required for waivers — and advance waivers are enforceable, since Oregon imposes few restrictions on lien waiver agreements.
Which Type Do You Need?
Oregon uses the standard 4-type framework (conditional/unconditional x progress/final). Because Oregon allows advance waivers and doesn't prescribe statutory forms, the conditional vs. unconditional distinction is especially important here — an unconditional waiver you sign before payment clears is binding, with limited recourse.
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Sign Up FreeOregon Lien Waiver Rules at a Glance
No mandatory statutory form
Oregon does not prescribe specific waiver form language. Template quality and clarity matter — ambiguous waivers can be challenged, but clear waivers are broadly enforceable.
Notarization NOT required
Lien waivers don't require notarization. Note: the mechanics lien claim itself must be verified by oath and notarized for recording (ORS 87.035), but that's a separate document.
Advance waivers ARE enforceable
Oregon does not prohibit advance lien waivers. Parties can waive lien rights by contract before work begins. Read every waiver carefully — once signed, you're generally stuck with it.
Notice of Right to Lien required
ORS 87.021: lien rights only cover work done after 8 business days before notice was mailed. Send notice early to protect your full claim.
5% retainage cap
ORS 701.420: retainage limited to 5% of contract price. 1% monthly interest accrues on unpaid final payment starting 30 days after completion and acceptance.
75-day lien filing deadline
ORS 87.035: must file lien within 75 days of cessation of work or project completion, whichever is earlier. Then 120 days to file suit (ORS 87.055).
Oregon Lien Waiver Legal Requirements
Oregon's Construction Lien Law (ORS 87.001 to 87.093) governs mechanics liens, but the state takes a hands-off approach to lien waivers. There's no mandatory statutory form, no required language, and no restriction on when a waiver can be given. This flexibility cuts both ways: you can negotiate waiver terms freely, but a clearly worded waiver is enforceable even if you signed it before work began or before payment was received. Oregon courts have held that a person who signs a lien waiver is "pretty much stuck with it" if the waiver clearly releases lien rights. The 2024 retainage reform (HB 4006, effective March 7, 2024) is relevant context for final waivers. The escrow account requirement for retainage was repealed for contracts entered after that date, and contractors can now post a retainage surety bond under ORS 701.435 to avoid retainage withholding entirely. Retainage is still capped at 5% of the contract price (ORS 701.420), with 1% monthly interest on late final payments.
Recent Law Changes
- HB 4006 (effective March 7, 2024): repealed the escrow account requirement for retainage on contracts entered after that date. Contractors and subcontractors on qualifying projects can now post a retainage surety bond to avoid retainage withholding entirely (ORS 701.435).
Oregon Conditional Progress Waiver
What It Is
Custom template waiving lien rights for a progress payment, conditioned on receipt and clearance of payment. Designed for Oregon's non-statutory framework.
When to Use
When exchanging a waiver for a progress draw you haven't received yet, or when the check hasn't cleared.
Key Legal Points
- No statutory form required — our template follows Oregon construction law best practices.
- Conditional on payment: waiver takes effect only when the specified payment is received and clears the bank.
- Retainage preserved — template explicitly excludes retained amounts (capped at 5% under ORS 701.420).
- Change orders and disputed extras preserved as exceptions.
- Verify your Notice of Right to Lien (ORS 87.021) was sent within the required window — lien rights only cover work done after 8 business days before notice was mailed.
Tips
- Oregon's permissive waiver rules make conditional forms especially important — they're your only protection if payment doesn't come through.
- Send your Notice of Right to Lien early in the project to protect your full claim amount.
- Include all identifying details: property address, owner, GC, payment amount, and period of work covered.
Oregon Unconditional Progress Waiver
What It Is
Immediately waives lien rights for the covered progress payment upon signing. No condition precedent — effective on delivery.
When to Use
Only after the progress payment has been received AND cleared your bank. Not merely deposited — cleared.
Key Legal Points
- Immediately effective upon signing — no safety net if payment later fails.
- Oregon enforces unconditional waivers strictly. If you sign before payment clears and the check bounces, your lien rights for that amount are gone.
- Unlike Texas or California, Oregon has no statutory prohibition against requiring unconditional waivers before payment.
- Retainage excluded from the waiver scope.
Warning
Oregon imposes few restrictions on lien waivers. There's no statutory protection against being asked to sign an unconditional waiver before payment. If you haven't been paid, use a conditional form and push back. Once you sign, you're stuck.
Tips
- Only sign after the payment has fully cleared your bank.
- Compare the amount on the waiver to the actual cleared amount — they must match exactly.
- Keep records of when payment was received and when you signed the waiver.
Oregon Conditional Final Waiver
What It Is
Waives all remaining lien rights on the project, conditioned on receipt and clearance of the final payment including retainage.
When to Use
When requesting final payment (including retainage release) and you want protection until it clears.
Key Legal Points
- Covers ALL remaining work and lien rights on the project.
- Conditional on final payment clearing the bank.
- Final payment should include all retainage — capped at 5% under ORS 701.420.
- Under HB 4006 (2024), contractors on qualifying projects can post a retainage surety bond instead of having retainage withheld.
- Any disputed amounts should be listed as exceptions.
Tips
- Verify the final payment amount includes all retainage. Under ORS 701.420, interest accrues at 1% per month starting 30 days after completion and acceptance.
- List any remaining disputes or pending change orders as exceptions before signing.
- If the contractor posted a retainage bond under HB 4006, confirm the bond status before signing the final waiver.
Oregon Unconditional Final Waiver
What It Is
The most consequential waiver. Immediately and irrevocably releases ALL lien rights on the project upon signing.
When to Use
Only after ALL payment — including final payment and retainage — has been received and cleared.
Key Legal Points
- Complete and permanent release of all lien rights on the project.
- No condition precedent — effective immediately upon signing.
- Oregon courts enforce clear waivers strictly — no recall or reversal.
- No statutory carve-outs or protections for the signer.
- Most consequential Oregon waiver form — verify every dollar before signing.
Warning
This is permanent. Oregon enforces clear lien waivers without exception. Once signed and delivered, you cannot recall it. If any amounts remain outstanding — retainage, change orders, disputed work — use a conditional final instead. Sign only after every dollar has cleared.
Tips
- This is the final, complete release. Verify every dollar against your project records before signing.
- If disputes remain, use a conditional final instead and resolve separately.
- Keep a signed copy with proof of delivery for your records.
Common Oregon Lien Waiver Mistakes
- 1
Signing an advance waiver without realizing it's binding
Unlike most states, Oregon enforces advance lien waivers. If your contract includes a clause waiving lien rights before work begins, it's likely enforceable. Read your contract carefully — especially boilerplate provisions — and negotiate to remove or limit advance waiver clauses.
- 2
Failing to send the Notice of Right to Lien early enough
ORS 87.021 only protects lien rights for work done after 8 business days before the notice was mailed. If you wait weeks or months to send notice, you lose lien protection for all the earlier work. Send it at the start of the project.
- 3
Not accounting for the 2024 retainage reform
HB 4006 (effective March 7, 2024) repealed the escrow requirement and added a surety bond option. For contracts entered after March 7, 2024, contractors can post a retainage bond to avoid withholding entirely. Factor this into your final waiver calculations.
- 4
Signing an unconditional waiver before payment clears
Oregon has no statutory protection against this — unlike Texas or California, there's no law making it illegal to require an unconditional waiver before payment. If you sign and the check bounces, you've lost your lien rights. Always use conditional forms until payment is confirmed.
- 5
Missing the 75-day lien filing deadline
ORS 87.035: you must file your lien within 75 days of cessation of work or project completion, whichever is earlier. After filing, you have 120 days to commence a foreclosure action (ORS 87.055). Both deadlines are strict — miss them and you lose your lien rights entirely.
Oregon Lien Waiver FAQ
Does Oregon require a specific statutory lien waiver form?
Do lien waivers need to be notarized in Oregon?
What's the difference between a conditional and unconditional lien waiver in Oregon?
Can I waive lien rights before starting work in Oregon?
Can someone require me to sign an unconditional waiver before I'm paid in Oregon?
What is Oregon's lien filing deadline?
What is the Notice of Right to Lien in Oregon?
What is Oregon's retainage cap on construction projects?
Is an Oregon lien waiver the same as a lien release?
What changed with Oregon's 2024 retainage reform (HB 4006)?
Lien Waiver Guides & Resources
Lien Waivers Meet QuickBooks Online: Automatic Sync for GCs
LienWaiver.pro now syncs lien waivers directly with QuickBooks Online. Generate waivers from QBO bills, track them, and attach signed PDFs back to the bill.
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Conditional vs Unconditional Lien Waiver: Which One Should You Sign?
Sign conditional waivers before payment clears, unconditional after. Here's the difference and why it matters.
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How to Fill Out a Lien Waiver Form: A Step-by-Step Guide
A lien waiver has 8-12 fields. Here's what goes in each one, common mistakes that invalidate waivers, and how to avoid signing away more than you should.
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Do Lien Waivers Need to Be Notarized? A State-by-State Guide
Only 2 states require notarized lien waivers by law. In California, notarization may actually invalidate your waiver. Here's what you need to know.
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Lien Waiver Forms for Other States
* = mandatory statutory form language required