Construction Frequently
Asked Questions.

Please check the following FAQ's below to find the answers to common questions

If you don't find the answer here, please contact us here.

Preliminary Notice FAQ

An Oklahoma preliminary notice is a letter sent by a contractor or supplier to the property owner at the start of a construction project. In many states, a preliminary notice is required to be sent in order to secure the right to lien.

A preliminary notice is generally not required of general contractors in Oklahoma. However, it is not clear if this applies when work is on owner-occupied properties. It is advisable to send a preliminary notice to the property owner  in such cases. 

 

All other parties are required to send a preliminary notice to the property owner and general contractor within 75 days of first providing labor or materials if the property is owner-occupied or the aggregate claim is $10,000 or more.⁴

Not sending an Oklahoma preliminary notice can invalidate a mechanics lien.

Intent To File FAQ

An Oklahoma notice of intent to lien is sent before the filing of a mechanics lien becomes necessary. Although only a number of states require that this notice be sent, many construction participants send a notice of intent to lien as an uncostly way to have payments for invoices settled.

No, Oklahoma does not require a notice of intent to lien to be sent. However, you may still send this notice as a reminder to the owner that a payment is due.

Send your Oklahoma notice of intent to lien at least 10 days before your planned date of mechanics lien filing.

Not sending a notice of intent to lien in Oklahoma has no effect on your claim since it is not required.

Mechanics Lien FAQ

An Oklahoma mechanics lien is an effective tool that helps make sure you will be paid for the construction materials and/or labor you supplied. It is a legal claim that guarantees payment for contractors and suppliers.

 

This means that if you file a valid mechanics lien on a project you worked on in Oklahoma and weren’t paid for your work, you have the right to enforce the lien through a lawsuit. This enforcement action can either prompt the client to settle or force the sale of the property. The proceeds of the sale will be used to settle your unpaid bill.

If you successfully file an Oklahoma mechanics lien, you have an interest in the improved property. When a mechanics lien is filed on the property you worked on, the property becomes collateral for uncollected payments.

In Oklahoma, a construction participant who provides services or materials for the “erection, alteration, or repair of an improvement” of a property is covered by lien rights.¹ 

 

Other parties who may file a mechanics lien in Oklahoma include architects, engineers, surveyors, landscapers and construction managers. For their mechanics lien to be valid, however, architects are engineers’ plans must actually be used in the work on a property. 

 

Equipment lessors are covered by lien rights only if their work is not on a property that is qualified for homestead exemption or for agricultural use.

General contractors must file an Oklahoma mechanics lien within 4 months of last providing services or materials.² All other parties must file a lien within 90 days of last providing services or materials.³

An Oklahoma mechanics lien must be enforced within 1 year of filing. If no action is taken to enforce it within this period, the mechanics lien expires. Note, however, that you can only start your enforcement action after at least 90 days of filing your lien.

The following pieces of information must appear on an Oklahoma mechanics lien form:

 

  • The name of the claimant
  • The claim’s amount
  • A description of the labor, materials or services furnished
  • The names of the owner and the prime contractor
  • A legal description of the property subject to the lien

No, you don’t need a license to do the work you did in a project to file a mechanics lien in Oklahoma.

Oklahoma does not have legislatively designed lien waiver forms. You can use any such form.

Pay if paid clauses are enforceable in Oklahoma if they are clear and unambiguous.

Pay when paid clauses are enforceable as a timing mechanism. 

References:

https://law.justia.com

¹ 42 Okl.St.Ann Section 141

² 42 Okl.St.Ann Section 142

³ 42 Okl.St.Ann Section 143

42 Okl.St.Ann Section 142.6

Handle.com provides answers to Frequently Asked Questions (FAQs) to contractors and others who are seeking information regarding preliminary notices, intent to file, mechanics lien, and other construction questions. These are provided for informational purposes only, and we cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies.