Oregon Statutes - Chapter 87 - Statutory Liens - Section 87.005 - Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093.

As used in ORS 87.001 to 87.060 and 87.075 to 87.093:

(1) “Commencement of the improvement” means the first actual preparation or construction upon the site or the first delivery to the site of materials of such substantial character as to notify interested persons that preparation or construction upon the site has begun or is about to begin.

(2) “Construction” includes creation or making of an improvement, and alteration, partial construction and repairs done in and upon an improvement.

(3) “Construction agent” includes a contractor, architect, builder or other person having charge of construction or preparation.

(4) “Contractor” means a person who contracts on predetermined terms to be responsible for the performance of all or part of a job of preparation or construction in accordance with established specifications or plans, retaining control of means, method and manner of accomplishing the desired result, and who provides:

(a) Labor at the site; or

(b) Materials, supplies and labor at the site.

(5) “Improvement” includes any building, wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk, machinery, aqueduct and all other structures and superstructures, whenever it can be made applicable thereto.

(6) “Mortgagee” means a person who has a valid subsisting mortgage of record or trust deed of record securing a loan upon land or an improvement.

(7) “Original contractor” means a contractor who has a contractual relationship with the owner.

(8) “Owner” means:

(a) A person who is or claims to be the owner in fee or a lesser estate of the land on which preparation or construction is performed;

(b) A person who has entered into a contract for the purchase of an interest in the land or improvement thereon sought to be charged with a lien created under ORS 87.010; or

(c) A person to whom a valid subsisting lease on land or an improvement is made, and who possesses an interest in the land or improvement by reason of that lease.

(9) “Preparation” includes excavating, surveying, landscaping, demolition and detachment of existing structures, leveling, filling in, and other preparation of land for construction.

(10) “Site” means the land on which construction or preparation is performed.

(11) “Subcontractor” means a contractor who has no direct contractual relationship with the owner. [Amended by 1957 c.651 §1; 1973 c.671 §1; 1975 c.466 §2; 1977 c.596 §1; 2005 c.22 §52]

Section:  Previous  87.001  87.005  87.007  87.010  87.015  87.018  87.020  87.021  87.023  87.025  87.027  87.030  87.035  87.037  87.039  Next

Last modified: August 7, 2008