Course Description
Don't be caught off guard - get the training needed to successfully exercise your lien rights.
Handling construction payment disputes in Oregon can be successful when armed with the necessary legal and practical knowledge. Find out how to efficiently collect payment for your work or supplies. Successfully manage even the most complex and costly situations.
Join our panel of experienced local professionals, as they guide you through the strategies for tackling lien and bond issues in any project. Understand the complex law governing the priority of liens and payments, and protect your bottom-line with enforcement and collection strategies. Don't wait - register today.
Who should attend?
This seminar is designed for attorneys, presidents, vice
presidents, owners, accountants, credit managers, lenders, controllers,
construction managers, project managers, office managers, engineers,
architects, contractors and subcontractors.
Benefits for You
- Grasp the key essentials of perfecting and preserving lien rights
- Get a blueprint of procedures related to lien enforcement and foreclosure
- File, perfect and preserve both liens and bond claims in public and private works
- Quickly spot troubling contract provisions
Learning Objectives
- You will be able to identify licensing and registrations requirements.
- You will be able to discuss nature and philosophy of a construction lien.
- You will be able to review contractor bond claims.
- You will be able to discuss public works projects.
Agenda
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This seminar will be presented by Douglas R. Hookland and Thomas J. Murphy |
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8:00 AM - 8:30 AM |
Registration |
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8:30 AM - 8:40 AM |
Overview |
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8:40 AM - 9:10 AM |
Licensing and Registration Requirements |
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- Construction and Landscape Contractors
- Material Suppliers and Equipment Rental Yards
- Design Professionals; Customer Licensure
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9:10 AM - 9:50 AM |
Contract Requirements |
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- Credit Applications and Personal Guarantees
- Pay If Paid/Pay When Paid Clauses
- Contractual Lien Waivers
- Payment in Full Checks; Interest
- Flow Down Provisions
- Indemnity Obligations – Contractual and Statutory
- Specific Issues in Oregon for Construction Contractors and Landscape Contractors
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9:50 AM - 10:10 AM |
Public vs. Private Projects |
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- Generally
- Federal Projects
- State and Local Government Projects
- Native American Projects
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10:10 AM - 10:20 AM |
Break |
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10:20 AM - 10:40 AM |
Nature and Philosophy of a Construction Lien |
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- What Is a Construction Lien?
- Debt and Security Issues
- Key Definitions Under Oregon's Construction Lien Law
- Interests Subject to a Construction Lien
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10:40 AM - 11:20 AM |
Pre-Claim Notices |
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- Notice of Right to a Lien; Information Notice to Owner; Other Required Notices
- Design Professionals – Notice Requirements
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11:20 AM - 12:00 PM |
The Claim of Lien |
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- Time Period to File a Claim of Lien
- Required Contents for a Claim of Lien
- Where to File a Claim of Lien
- Correcting a Claim of Lien
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12:00 PM - 1:00 PM |
Lunch (On Your Own) |
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1:00 PM - 1:15 PM |
Post-Claim Notices |
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- Notice of Lien Filing
- Notice of Intent to Foreclose
- Statutory Requests for Information
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1:15 PM - 2:15 PM |
Foreclosure of a Construction Lien |
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- Time to Foreclose
- Bonding off a Lien
- Priorities of Construction Liens vs. Other Claimants
- Discharge of a Lien
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2:15 PM - 2:25 PM |
Break |
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2:25 PM - 3:00 PM |
Contractor Bond Claims |
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- Overview of Claims Before the Oregon Construction Contractors Board (CCB)
- Requirements for All CCB Complaints
- Distinction Between Residential and Commercial CCB Claims
- Agency Processing of CCB Claims
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3:00 PM - 3:30 PM |
Public Works Projects |
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- Federal Miller Act
- Oregon's Little Miller Act
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3:30 PM - 4:00 PM |
Bankruptcy's Impact on Lien and Bond Claim Rights |
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4:00 PM - 4:20 PM |
Oregon Update |
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- New Legislation
- Recent Caselaw Developments
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4:20 PM - 4:30 PM |
Questions and Answers |