How to File a Mechanics and Materialman’s Lien in Oklahoma

Securing payment for construction projects can be challenging, but contractors in Oklahoma have a powerful tool to protect themselves—mechanics and materialman’s liens. Filing a lien ensures you have a legal claim against a property for unpaid work or materials. This guide walks contractors in Oklahoma through the lien process, covering who’s eligible, key deadlines, and steps to enforce your rights.

What Is a Mechanics and Materialman’s Lien?

A mechanics and materialman’s lien is a legal claim placed on a property by a contractor, supplier, or subcontractor to secure payment for services or materials provided. Essentially, it transforms your unpaid invoice into a legal encumbrance that can block the sale or refinancing of the property until the debt is settled. Liens are invaluable for contractors because they provide leverage in securing payment, even when other construction debt collection tactics fail.

Who Is Entitled to Lien Rights in Oklahoma?

Not everyone qualifies to file a lien in Oklahoma. The following parties may claim lien rights:

• General contractors who directly contract with the property owner.
• Subcontractors hired by a general contractor.
• Material suppliers who furnish materials directly used in the construction, alteration, or improvement of the property.
• Equipment lessors supplying necessary machinery for project completion.

Importantly, anyone seeking to file a lien must fulfill all procedural requirements, including providing proper notices and filing within specific timeframes. Failing to meet these obligations can invalidate your lien rights.

Required Notices and Deadlines

Oklahoma law mandates that you provide certain notices to preserve your lien rights. These notices vary depending on your role in the project.

For Subcontractors and Suppliers

If you are a subcontractor or material supplier (not in direct contract with the property owner), Oklahoma law requires that you send the Pre-Lien Notice or “Notice to Owner.” This notice informs property owners that you’ve contributed to the project and may seek lien rights if unpaid.

• Timing: The notice must be sent no later than 75 days after your last day of work or provision of materials.
• Content: Include details such as your name, a description of work or materials provided, and the amount owed.

Filing the Mechanics and Materialman’s Lien

If payment is still not received after providing the required notice, the next step is filing the lien itself.

When and Where to File the Lien

Your lien must be filed in the county clerk’s office of the county where the property is located.

• Timing for General Contractors: You have 4 months (120 days) from the last day you provided labor or materials to file your lien.
• Timing for Subcontractors and Suppliers: You have 90 days from your last day of work or delivery of materials.

When filing, be sure to include accurate legal descriptions of the property, the amount owed, and relevant dates.

Sending Notice of the Filed Lien

Once your lien is filed with the county clerk, Oklahoma law requires that you send a copy of the lien to the property owner.

• Timing: This notice must be sent within 5 business days of filing.
• Method: Use certified or registered mail with a return receipt request to prove the notice was delivered.

Failure to notify the property owner in a timely manner can undermine the validity of your lien.

How Long Is the Lien Valid?

Mechanics and materialman’s liens in Oklahoma are enforceable for only a limited period.

• The lien is valid for 1 year from the date it is filed.
• If no further action is taken during this time, the lien expires and becomes unenforceable.

Given this strict deadline, it’s critical to take the next step promptly if payment is not received.

Enforcing the Lien and Recovering Attorney Fees

If the property owner still fails to pay within the one-year time frame, enforcing your lien requires filing a lawsuit in district court. This action forecloses on the lien, forcing the sale of the property to recover your unpaid balance.

Can Attorney Fees Be Recovered?

Yes. Oklahoma law allows contractors to recover reasonable attorney fees incurred during lien enforcement. This provision incentivizes property owners to settle disputes quickly to avoid escalating legal costs.

Protect Your Business – Get Expert Legal Help Today

Filing a mechanics and materialman’s lien protects contractors from unpaid invoices, but following the correct process is essential. From sending pre-lien notices to meeting filing deadlines, every step matters to safeguard your rights. If you’re navigating a complex payment dispute, consider consulting mechanic’s liens attorneys familiar with Oklahoma lien laws to ensure compliance and maximize your chances of recovery.

By understanding and utilizing your lien rights, you can confidently tackle projects knowing you have legal mechanisms available to secure payment. If you have any questions about filing or enforcing a lien, please reach out to construction law attorneys at The Cromeens Law Firm for guidance and support.

Don’t let unpaid invoices hurt your business. Contact The Cromeens Law Firm today for experienced legal representation in mechanics liens, collections, and all your construction law needs.