CONSTRUCTION LIENS / §18.2
C.
The Federal Miller Act. Persons furnishing labor or materials to a project for the federal government may be protected by what is commonly known as the Miller Act (40 USC §§270a-270d). If the claimant does not have a direct contractual relationship with the prime contractor, a claimant must give written notice to the contractor within 90 days from the date the claimant last performed labor or furnished material or services for which a claim is made. Note, however, the persons entitled to make a Miller Act claim are much more limited than those entitled to make a claim under Oregon’s Little Miller Act. •
D.
A suit pursuant to the Miller Act must be brought in the United States District Court and in the name of the United States on behalf of the claimant. The suit must be commenced within one year after the day on which the last material was supplied or labor or services were performed.
Notice Received. It is suggested that the claims notices under Oregon’s Little Miller Act and the federal Miller Act be received before the relevant time period expires. See Pepper Burns Insulation, Inc. v. Artco Corporation, 970 F2d 1340 (4th Cir 1992). CONSTRUCTION LIENS
I.
(§18.1)
Contractor Licensing
ORS 701.065 and the current version of Oregon Construction Contractors Board (CCB) administrative rules (OAR ch 812) should be reviewed before a lien is perfected or foreclosed. A contractor that was not properly licensed with the CCB must obtain a valid CCB license before a claim of construction lien is perfected or foreclosed. A special exception relating to construction liens for contractors whose CCB license has lapsed permits a lapsed contractor to proceed with the exercise of its rights even before its license has been renewed. See ORS 701.065(2)(b); OAR 812-003-0025(7). II.
(§18.2) A.
38
Warnings
How to Count Days – Not Procedural. Because ORS 174.120 and ORCP 10 (which provide certain rules on how to count days) apply only to the computation of time in procedural statutes and rules, they generally are not controlling for construction lien purposes. In Tyree v. Tyree, 116 Or App 317, 840 P2d 1378 (1992), the court ruled that neither ORS 174.120 nor ORCP 10 extends the time period for a person to give a tort claim notice under ORS 30.275(2)(a). Similarly, ORS 87.035, like other construction lien statutes, is a substantive statute. See Lemire v. McCollum, 246 Or 418, 428-429, 425 P2d 755 (1967)