Can a contract state you can not lien a property for services rendered?

Asked on August 20, 2015 under Business Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is perfectly legal to do this. The parties to a contract have the right to agree upon the remedies for a breach or default, such as for failure to pay for services rendered this right includes the right to state that certain remedies or responses, like putting a lien on property, are not available, or are only available under certain circumstances such as depositing, escrowing, or otherwise paying or making available money to protect one of the parties from the consequences of the lien. If you agreed to this provision in the contract e.g. signed the contract, it is legal and enforceable.

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