Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Oklahoma
Oklahoma
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Oklahoma Quick Overview
| Pursuant Code | Okla. Stat. tit. 42, §§ 141 - 143 | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | No | |
| OK Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | ||
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | Notice to Owner | |
| Prelien Minimum Information | Date of notice; name and address of the lienor; name of the party to whom materials or labor were furnished; legal description of the property; amount claimed. | |
| Prelien Minimum Notifications | Owner, General Contractor | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Oklahoma by Role
Oklahoma requires that any party not in direct contract with the property owner and whose claim exceeds $10,000 must serve a pre-lien notice within 75 days of last furnishing labor or materials in order to preserve lien rights. Notice must be served via certified mail or by hand delivery to both the property owner and the general contractor.
Possible Exceptions, Special Circumstances, and Caveats in Oklahoma
Owner Occupied Residential: Prime contractors are not required to serve a pre-lien notice on owner-occupied residential properties.
Residential: Owner-occupied dwellings are treated differently; preliminary notice is still required if not in direct contract with the owner and the claim exceeds $10,000.
Mechanic's Liens in Oklahoma
Oklahoma requires a claimant to file a verified statement of lien within 4 months after last furnishing labor or materials for private projects. A prelien notice must generally be served if the claim exceeds $10,000 and the claimant is not in direct contract with the owner. The statement of lien must be filed with the county clerk, and enforcement must be initiated within 1 year of filing, after a 90-day waiting period.
Bond Claims in Oklahoma
On public projects in Oklahoma, a claimant must provide a prelien notice within 75 days of last furnishing labor or materials if the claim exceeds $10,000. The lien rights are against the bond posted for the project, and a claim must be timely filed and pursued according to the bond terms. Enforcement of the bond claim must typically be commenced within 1 year.
Construction Lien Waivers in Oklahoma
Required Format: Oklahoma does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Oklahoma does not require waivers to be notarized.
Oklahoma does not require a statutory form for lien waivers. Waivers are enforceable if clearly expressed, and conditional or unconditional waivers may be used depending on payment status.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Oklahoma counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Oklahoma
Frequently Asked Questions (FAQs) on Oklahoma Lien Processes for Contractors
Is a preliminary notice required to protect lien rights in Oklahoma?
Yes, for subcontractors and suppliers not in direct contract with the owner, a prelien notice is required within 75 days after last furnishing labor or materials if the claim exceeds $10,000.
What is the deadline to file a mechanics lien in Oklahoma?
A verified statement of lien must be filed within 4 months after the date labor or materials were last furnished.
Who must receive the preliminary notice in Oklahoma?
The preliminary notice must be served by certified mail or hand delivery to both the property owner and the general contractor.
How long do I have to enforce my lien after recording it in Oklahoma?
You must initiate enforcement proceedings within 1 year after filing the lien, but you must wait at least 90 days after recording before filing suit.
What are the rules for bond claims on public projects in Oklahoma?
On public projects, a prelien notice must be served within 75 days of last furnishing labor or materials if the claim exceeds $10,000. Suit on the bond must be filed within 1 year of last furnishing.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
