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                                                                    How to Facts

When?  

 General Contractors / Design Professionals (if your contract is with the owner): File your Oklahoma lien within 4 months of completion of the overall project.  As to oil and gas projects, file within 180 days of your last furnishing labor or materials to the project.

Subcontractors/Suppliers (if your contract is with the prime or another sub): Record the Oklahoma lien within 90 days of completion of your last furnishing labor or materials to the project.

Who?  A mechanic’s lien in Oklahoma is used by General contractors, subcontractors, material suppliers, renters of equipment, and design professionals (architects, engineers, and land surveyors).

 Where?  Clerk of the County Court (in county where work / material furnished).

How Long Does it Stay on Record?  A mechanics lien in Oklahoma stays 1 year after recording the lien. A lawsuit/petition to foreclose the lien is then required. We have templates for this.

Let Us Help:   Alternatively, for the same price, we will instruct you how to fill-out the Oklahoma mechanic’s lien form line by line, answer questions, and give a general idea of the chances for success in enforcing the lien. (800-995-9434).

Mechanics Lien for Oklahoma Law Summary:  For a more detailed discussion of Oklahoma mechanics liens.

 


 

 

 

 

 

 

HOW TO FILE AN OKLAHOMA MECHANIC’S LIEN

Step 1.  Fill-out Info and Print

 Complete the PDF “fillable” mechanic’s lien form.  It automatically captures data and prints the lien in final format.  Extra Bonus feature:  Keep on your desktop: it is re-usable for other non-paying jobs.

Amount of Oklahoma mechanic’s lien: All services and/or material furnished under the base verbal or written contract, together with change orders actually performed, whether signed or not. Finance charges are allowed only if included in your contract or PO and signed by the other party. If not, you still get pre judgment interest.  But do not include specific finance charges or interest in the amount of your lien; instead express it as a possible add-on at trial. Example: “Mechanic’s lien for the principal amount of $10,550, plus finance charges / pre judgment interest as allowed by law”.  This will be awarded later if you are the prevailing party in the Oklahoma lien foreclosure suit.

It is not recommended that you reduce for customer discounts—it is just not productive when it comes to being paid the final draw and you can actually lose respect in the process.  You are not bound by initially agreeing to perform items without charge–this was contingent on being paid.  With the failure to pay, it is no longer legal consideration for a contract modification in which the owner receives a reduced price.  Example:  While performing tenant improvement work on a small shopping center, in a gesture of good faith you furnish the following extras without charge: a) candilever overhang for the store front, b) replacing faux brick veneer panels on the south wall with more expensive limestone, and c) a small retaining wall (together with drain rock, filter fabric and drainage) on the slope above the rear parking lot. Then you never got paid the last installment on the contract. If you supplied labor only, your Oklahoma lien will add in the hourly rate under the contract. If labor and material, use cost-plus or T & M amounts in the lien.

You should not include:  A mechanics lien in Oklahoma should not include: court costs and attorneys’ fees (included later if you win at trial for breach of contract); lost profits if terminated from the job; delay or impact damages; lost time or business the interruption; or anything else not constituting actual labor and materials improving the property.

Note.  Inserting unauthorized amounts can void an Oklahoma mechanics lien.  Call us if you have any questions.

Step 2.  Execute and Notarize

Can be signed by any staff member who has general knowledge of the services rendered and the costs incurred.  It does not have to be someone in the field—in other words, it can be by office personnel. For example, this could be a manager, bookkeeper, controller, job foreman, project manager, owner, co-owner, or partner. All recorded documents must be notarized.

Step 3.  Look-up Recorder’s Office

 Recording a mechanics lien in Oklahoma is always at the county level, not state or city.  See “Where?” above for info as to your State’s recorder. Do a Google search for the county in which the project is located.  Example: “[Name] County Clerk Recorder Register of Deeds”. Call to verify the fee and recorder’s address. Give them the city where the work was done–sometimes it is filed in different branch offices.  If you don’t know the county, Google the city—even small towns have a Wikipedia listing describing the county. Use the cover letter provided. Send the original and one copy with a stamped self-addressed return envelope.

Is a legal description required? Most counties say “no”, but if they do, we will look it up for free with any purchase.

Step 4.  Mail

Regular mail to the recorder.  Overnight if close to the filing deadline. If a general contractor, serve the Oklahoma mechanics lien on the owner with a copy certified mail. If a sub or supplier, serve the owner and general with a copy certified mail. Fill-out and staple as the last page the Proof of Service (it shows proof of mailing to the owner and/or general contractor).

You’re Now Done!

Call us if you have any questions about a mechanics lien in Oklahoma—we’ll walk you through it. (800) 995-9434; (925) 899-8449.

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