In Oklahoma, a mechanics lien is a powerful tool for contractors, subcontractors, suppliers, and other professionals in the construction industry to secure payment for unpaid work.
This legal claim against a property ensures that workers are compensated for services rendered, especially when there’s a dispute over payment.
If you are unsure how to file a lien for unpaid work in Oklahoma, understanding the process is crucial to safeguarding your rights and ensuring you are paid for the work completed.
Who Can File a Mechanics Lien in Oklahoma?
A mechanics lien Oklahoma can be filed by anyone who has provided labor or materials for a construction project. This includes contractors, subcontractors, suppliers, architects, engineers, and even equipment lessors.
However, the eligibility to file a lien depends on the nature of the work done. For example, architects and engineers must have contributed to the physical improvement of the property, not just the design or planning stages.
Equipment lessors can file a lien as well, but this right is often limited to specific types of property, excluding agricultural properties or homesteads.
Filing Deadlines and Requirements
The process of how to file a lien for unpaid work in Oklahoma begins by meeting important deadlines. Contractors who have a direct contract with the property owner have up to four months from the last date of work or materials provided to file a lien.
Subcontractors and suppliers, however, have only 90 days to file. Missing these deadlines means you lose the right to file a lien, so it is essential to act quickly.
To file a mechanics lien Oklahoma, certain information must be included in the lien document, such as the amount owed, a description of the work performed, and a legal description of the property.
Additionally, the lien must identify the property owner and the contractor involved in the project. It is essential that the lien is notarized and, in some cases, accompanied by an affidavit of compliance to verify that the claimant has adhered to the legal requirements.
Preliminary Notice Requirements
One key step in how to file a lien for unpaid work in Oklahoma is providing a preliminary notice, which is required for subcontractors and suppliers who do not have a direct contract with the property owner.
This notice must be sent to the property owner if the property is an owner-occupied residence or if the lien claim exceeds $10,000 on non-residential projects.
The preliminary notice serves as a warning to the property owner and general contractor that a lien will be filed if payment is not made.
Failure to send the preliminary notice in a timely manner can invalidate your claim, so it’s crucial to follow this step precisely.
Notifying the Property Owner
Once the mechanics lien Oklahoma is filed, notifying the property owner is a key step. While the county clerk sends a notification within five days of the filing, it’s good practice for the lien claimant to send their own notification directly.
This ensures the property owner is aware of the lien, providing an opportunity to resolve the issue before further legal action is needed.
Enforcing a Mechanics Lien
If a property owner still refuses to pay, how to file a lien for unpaid work in Oklahoma may involve enforcement through a lawsuit. In Oklahoma, the lien claimant must wait at least 90 days after filing the lien before pursuing legal action.
A lawsuit to foreclose on the lien must be filed within one year from the date of filing. Before initiating foreclosure, the claimant typically sends a Notice of Intent to Foreclose to the property owner, warning them of the potential legal action.
