If contractors and suppliers don’t get paid on a construction project in Oklahoma, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. This page breaks down the rules, requirements, and deadlines you need to follow to file an Oklahoma mechanics lien.
“Levelset takes something that is pretty complex and makes it easy.”
None, but unclear if notice is required on owner-occupied projects - best practice to send.
Lien must be filed w/in 4 months after last labor or materials furnished.
Enforcement deadlinesAn action to enforce an Oklahoma mechanics lien must be initiated within 1 year of the date on which the lien was recorded.
However, at least 90 days must have passed from the date on which the lien was recorded prior to initiating the enforcement action.
Preliminary notice deadlinesPreliminary notice required within 75 days of last delivering labor and/or materials if owner-occupied or aggregate claim $10,000 or more.
All lien claimants without a direct contract with the owner must file a lien statement within 90 days from the date labor or materials were last furnished to the property.
Enforcement deadlinesAn action to enforce an Oklahoma mechanics lien must be initiated within 1 year of the date on which the lien was recorded.
However, at least 90 days must have passed from the date on which the lien was recorded prior to initiating the enforcement action.
Preliminary notice deadlinesPreliminary notice required within 75 days of last delivering labor and/or materials if owner-occupied or aggregate claim $10,000 or more.
All lien claimants without a direct contract with the owner must file a lien statement within 90 days from the date labor or materials were last furnished to the property.
Enforcement deadlinesAn action to enforce an Oklahoma mechanics lien must be initiated within 1 year of the date on which the lien was recorded.
However, at least 90 days must have passed from the date on which the lien was recorded prior to initiating the enforcement action.
TopicContractors, suppliers, property owners, construction lenders, and other vendors will encounter all kinds of lien-related paperwork and questions when working on Oklahoma construction jobs. Here are some of the common issues you may encounter, and answers written by construction attorneys and payment experts.
In Oklahoma, any party who provides labor or materials for the “erection, alteration, or repair of an improvement” is entitled to a mechanics lien rights. This extends mechanics lien protection to landscapers, surveyors, architects, engineers, and construction managers. However, in order for an architect or engineer to have a valid mechanics lien, his work must result in an improvement to the property – not merely plans that do not come to fruition.
Equipment lessors have lien rights in Oklahoma subject to certain restrictions. An equipment lessor does not have lien rights against a piece of property that qualifies for the homestead exemption, or property used for agricultural purposes.
Note that Oklahoma staffing companies may or may not be entitled to lien rights, depending on their contract: Do Oklahoma Staffing Companies Have Mechanics Lien Rights?
No, there is no specific requirement that construction contracts be in writing in order to be able to file an Oklahoma mechanics lien. However, it’s always best practice to get your agreements in writing to avoid any confusion or complications.
Oklahoma does not impose any specific licensing requirement in order to file a valid mechanics lien. However, it is generally not a good idea to perform work for which a license is required without having the proper license.
In Oklahoma, the date by which the lien must be filed is determined by the lien claimant’s role in the project.
• Original contractors– (those with a direct contract with the owner) must file a lien statement within 4 months after the last date labor and/or materials were furnished to the property.
• All other lien claimants (those without a direct contract with the owner) must file a lien statement within 90 days from the date labor or materials were last furnished to the property.
Generally, returning to the job to perform minor work – like corrective work, punch list work, or warranty work – won’t extend the deadline to lien.
An Oklahoma Lien Statement is governed by Okla. Stat. tit. 42 §143.1, and should contain all of the following information:
Yes. A mechanics lien in Oklahoma must include a legal property description to be valid and accepted for recording.
• If you need help finding the legal property description, see Legal Property Description Search | A Complete Guide.
No. Indirect or consequential damages are not allowed to be included in an Oklahoma lien amount. However, prevailing parties may recover attorney’s fees and costs in a successful lien foreclosure action.
Yes, Oklahoma law requires that a mechanics lien must be notarized to be valid and accepted for recording.
Oklahoma mechanics lien claims are documents recorded with the county clerk’s office. For your mechanics lien to be valid, you must record it in the county where the job is physically located.
Oklahoma counties each have their own unique rules and requirements. To help you, we’ve assembled all of the offices in Oklahoma that record mechanics liens. These pages will walk you through the county’s specific formatting requirements, deadlines, and fees.
There are a lot of questions on this page about who can file a Oklahoma mechanics lien, when it must be filed, what types of rules apply, and more. But you may be wondering something much more practical: how do I actually get my mechanics lien recorded and filed?
• For a full breakdown of the process, you may want to consult: How to File a Oklahoma Mechanics Lien | A Step-by-Step Guide
Yes. Notice that the lien was recorded must be sent to the property owner. While Oklahoma law requires the county clerk to send notice to the owner within 5 days of the recording of the lien claim, it is generally advisable for the lien claimant to give the owner notice as well, out of an abundance of caution.
If the owner cannot be found within 60 days of the date on which the lien was recorded, the lien claimant must file an affidavit attesting to his due diligence, and then serve the notice on the occupant of the property, or post the notice on the property itself if there is no occupant. The notice should be sent to the property owner by certified mail, return receipt requested.
An action to enforce an Oklahoma mechanics lien must be initiated within 1 year of the date on which the lien was recorded. However, note that the action to enforce may not be initiated until at least 90 days have passed from the date on which the lien was recorded.
Yes, Oklahoma is considered a “full-price” lien state, meaning that the lien claim will secure the full amount unpaid to the lien claimant, regardless if the GC has been paid in full or not.
Generally, no. Mechanics liens have priority over other encumbrances on the property including construction loans and mortgages only if the competing encumbrance is recorded after the commencement of any work on the project. However, a laborer’s mechanics lien has priority over a construction loan in all cases, even if the lien was recorded after the construction loan.
As between competing mechanics liens, the liens of laborers have first priority, and all other mechanics liens are equal.
In Oklahoma, once the lien has been satisfied, the lien claimant is required to file a release of lien with the county clerk. Failure to do so can make the claimant subject to fines.
No, you need to file one for each apartment complex, because you need to include the legal description of the property in your lien notice. So, if you had 5 jobs in one apartment complex, you can combine those into one lien notice, and use the legal description of that apartment complex. But you cannot combine them all into one if they are separate properties. If you need any further assistance, you can call my office at 918-770-4335 or email me directly at Jonathan@libertylegalok.com
Answered by Jonathan Krems | Founder and Managing Attorney https://www.levelset.com/payment-help/question/will-my-mechanic-s-lien-be-valid/It may or may not valid depending on enforcement with the Court. You will also be able to sue for money damages in addition to enforcing your lien. Please call my office to discuss at 918-770-4335 or email me directly at Jonathan@libertylegalok.com. Thanks!
Answered by Jonathan Krems | Founder and Managing Attorney https://www.levelset.com/payment-help/question/can-i-file-a-mechanics-lien-280/You can file a lien on the work you performed in October, but not September. Based on the 10/16 date you list above, I would get that lien filed today. Your time will run out tomorrow. You cannot file a lien for the work performed in September, though. If you need additional help, you can call my office at 918.770.4335, or send an email me to me at Jonathan@libertylegalok.com
Answered by Jonathan Krems | Founder and Managing AttorneyContractors & suppliers have strong lien rights in Oklahoma. If a contractor or supplier isn’t paid on an Oklahoma job, they can turn to filing a lien to speed up payment and protect themselves. However, there are specific requirements and rules that must be followed. Here are 5 essential things you need to know about Oklahoma’s mechanics lien law.
Any project participant who provides labor or materials for the improvement of a property can file a mechanics lien in Oklahoma. This means that landscapers, surveyors, architects, engineers, and construction managers all have the right to lien. While equipment lessors do have lien rights, they are limited to whether or not a property is being used for agricultural purposes, or qualifies for “homestead exemption.” For engineers and architects to have rights, there must be an improvement to the property–they do not have rights if the project does not commence.
The deadline to file a mechanics lien in Oklahoma depends on the role of the project participant. General contractors directly in contact with the owner have 4 months after the last date of providing services or materials. Sub-contractors on the other hand, only have 90 days from last providing services or materials on a project.
After the lien is filed, a notice of its record must be sent to the property owner within 5 days via certified mail with receipt requested. This is to be accomplished by the county clerk, but even so, it is likely advisable for the lien claimant to send the property owner notice, as well.
Subcontractors who are not in contact with the property owner are required to send preliminary notice in the instance that the property is owner-occupied or if the project is non-residential and the project participant is claiming over $10,000. The notice must be given to the general contractor and property owner. On a residential (single or multi-family) unoccupied property, notice is not required.
It’s unclear whether or not general contractors need to provide preliminary notice to the property owner, but it is advisable to give notice anyway.
Oklahoma Subs and Suppliers are required to send a Preliminary Notice before filing a Mechanics Lien
Oklahoma requires that a legal property description is included in the lien. The lien must also be notarized and verified by affidavit.
Mechanics liens in Oklahoma don’t typically have priority over existing mortgages and construction loans. However, a labors mechanics lien does have priority over of a construction loan in all cases. They also take first priority against competing mechanics liens. All other mechanics liens have equal priority.
In our step-by-step guide, we will walk you through each step required to qualify for and file an Oklahoma mechanics lien. This guide explains the notices you need to send, the information required on the Oklahoma mechanics lien form, and essential tips about delivering it to the county office for recording.
After you determine you meet the prerequisites to file, you should download an Oklahoma claim of lien form. Our free forms were created by construction attorneys to meet the requirements in Oklahoma mechanics lien laws. The state statutes are very specific about the language and formatting required in a lien claim document. We make it easy to get this part right.
It’s important that you get this step right the first time. Make sure you include all the necessary information and format the document correctly. That’s because making a mistake on the lien form could invalidate your claim entirely. All of the information must be 100% accurate, including the legal names of each party, the property description, and the claim amount. Review every detail carefully.
After you fill out the form correctly, the next step is to file the lien with the clerk in the Oklahoma county where the property is located. Fees and requirements vary between counties, so view a full list of Oklahoma clerk’s offices to find the contact information, fees, and filing requirements in your county.
After you record the lien with the appropriate county clerk, you need to send notice to the owner that the lien has been filed in Oklahoma. Although the clerk of court is required to send the notice within 5 days of filing, it’s still a good idea to send one over personally to make sure it’s delivered. Include a copy of the lien itself.
You have 1 (one) year to enforce your lien claim after you file it in Oklahoma. Keep in mind, though, that Oklahoma lien law has a unique rule that requires claimants to wait 90 days before enforcing the lien. This allows the owner to resolve the payment dispute.
Additionally, there’s another step you can take before entering the foreclosure lawsuit. You can file a notice of intent to foreclose that serves as a final warning.
If you get paid, it’s a good idea to file a lien release form to discharge your lien claim.
The provisions of the Oklahoma statutes that permit the filing of mechanics liens and materialman’s liens on construction projects can be found in Oklahoma’s Construction Lien Law, 42 Okl.St.Ann § 141 et. seq. The full text of the Oklahoma Construction Lien Law is provided below. Updated as of May 2023.
Any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor, furnish material or lease or rent equipment used on said land for the erection, alteration or repair of any building, improvement or structure thereon or perform labor in putting up any fixtures, machinery in, or attachment to, any such building, structure or improvements; or who shall plant any tree, vines, plants or hedge in or upon such land; or who shall build, alter, repair or furnish labor, material or lease or rent equipment used on said land for buildings, altering, or repairing any fence or footwalk in or upon said land, or any sidewalk in any street abutting such land, shall have a lien upon the whole of said tract or piece of land, the buildings and appurtenances in an amount inclusive of all sums owed to the person at the time of the lien filing, including, without limitation, applicable profit and overhead costs. If the title to the land is not in the person with whom such contract was made, the lien shall be allowed on the buildings and improvements on such land separately from the real estate. Such liens shall be preferred to all other liens or encumbrances which may attach to or upon such land, buildings or improvements or either of them subsequent to the commencement of such building, the furnishing or putting up of such fixtures or machinery, the planting of such trees, vines, plants or hedges, the building of such fence, footwalk or sidewalks, or the making of any such repairs or improvements; and such lien shall follow said property and each and every part thereof, and be enforceable against the said property wherever the same may be found, and compliance with the provisions of this act shall constitute constructive notice of the claimant’s lien to all purchasers and encumbrancers of said property or any part thereof, subsequent to the date of the furnishing of the first item of material or the date of the performance of the first labor or the first use of the rental equipment on said land.
On the effective date of this act, the records, funds and powers and duties relating to the filing of mechanics’ and materialmen’s liens in the office of the court clerk in each county of this state shall be transferred to the office of the county clerk. The county clerk shall thereafter exercise all such powers and duties formerly performed by the court clerk relating to such liens.
Any person claiming a lien as aforesaid shall file in the office of the county clerk of the county in which the land is situated a statement setting forth the amount claimed and the items thereof as nearly as practicable, the names of the owner, the contractor, the claimant, and a legal description of the property subject to the lien, verified by affidavit. Such statement shall be filed within four (4) months after the date upon which material or equipment used on said land was last furnished or labor last performed under contract as aforesaid; and if the claim be for the planting of any trees, vines, plants, or hedge, such statement shall be filed within four (4) months from such planting. Immediately upon the receipt of such statement the county clerk shall enter a record of the same against the tract index and in a book kept for that purpose, to be called the mechanics’ lien journal, which shall be ruled off into separate columns, with headings as follows: “When filed”, “Name of owner”, “Name of claimant”, “Amount claimed”, “Legal description of property”, and “Remarks”, and the clerk shall make the proper entry in each column.
Repealed by Laws 2011, c. 23, § 2, eff. Nov. 1, 2011
Repealed by Laws 2005, c. 477, § 3, eff. Nov. 1, 2005
Repealed by Laws 2011, c. 23, § 2, eff. Nov. 1, 2011
Any original contractor who falsifies any statement regarding liens on labor or material to any owner of a dwelling, upon conviction, shall be guilty of a felony.
Repealed by Laws 2011, c. 23, § 2, eff. Nov. 1, 2011
A. For the purposes of this section:
1. “Claimant” means a person, other than an original contractor, that is entitled or may be entitled to a lien pursuant to Section 141 of this title; and
2. “Person” means any individual, corporation, partnership, unincorporated association, or other entity.
1. Prior to the filing of a lien statement pursuant to Section 143.1 of this title, but no later than seventy-five (75) days after the last date of supply of material, services, labor, or equipment in which the claimant is entitled or may be entitled to lien rights, the claimant shall send to the last-known address of the original contractor and an owner of the property a pre-lien notice pursuant to the provisions of this section. Provided further, no lien affecting property then occupied as a dwelling by an owner shall be valid unless the pre-lien notice provided in this section was sent within seventy-five (75) days of the last furnishing of materials, services, labor or equipment by the claimant.
2. The provisions of this section shall not be construed to require:
a. a pre-lien notice with respect to any retainage held by agreement between an owner, contractor, or subcontractor, or
b. more than one pre-lien notice during the course of a construction project in which material, services, labor, or equipment is furnished.
A pre-lien notice sent in compliance with this section for the supply of material, services, labor, or equipment that entitles or may entitle a claimant to lien rights shall protect the claimant’s lien rights for any subsequent supply of material, services, labor, or equipment furnished during the course of a construction project.
3. Except as otherwise required in paragraph 1 of this subsection, the pre-lien notice requirements shall not apply to a claimant:
a. whose claim relates to the supply of material, services, labor, or equipment furnished in connection with a residential project. For the purposes of this subparagraph, the term “residential” shall mean a single family or multifamily project of four or fewer dwelling units, none of which are occupied by an owner, or
b. whose aggregate claim is less than Ten Thousand Dollars ($10,000.00).
4. The pre-lien notice shall be in writing and shall contain, but not be limited to, the following:
a. a statement that the notice is a pre-lien notice,
b. the complete name, address, and telephone number of the claimant, or the claimant’s representative,
c. the date of supply of material, services, labor, or equipment,
d. a description of the material, services, labor, or equipment,
e. the name and last-known address of the person who requested that the claimant provide the material, services, labor, or equipment,
f. the address, legal description, or location of the property to which the material, services, labor, or equipment has been supplied,
g. a statement of the dollar amount of the material, services, labor, or equipment furnished or to be furnished, and
h. the signature of the claimant, or the claimant’s representative.
5. A rebuttable presumption of compliance with paragraph 1 of this subsection shall be created if the pre-lien notice is sent as follows:
a. hand delivery supported by a delivery confirmation receipt,
b. automated transaction pursuant to Section 15-115 of Title 12A of the Oklahoma Statutes, or
c. certified mail, return receipt requested. Notice by certified mail, return receipt requested, shall be effective on the date mailed.
6. The claimant may request in writing, the request to be sent in the manner as provided in paragraph 5 of this subsection, that the original contractor provide to the claimant the name and last-known address of an owner of the property. Failure of the original contractor to provide the claimant with the information requested within five (5) days from the date of receipt of the request shall render the pre-lien notice requirement to the owner of the property unenforceable.
C. At the time of the filing of the lien statement, the claimant shall furnish to the county clerk a notarized affidavit verifying compliance with the pre-lien notice requirements of this section. Any claimant who falsifies the affidavit shall be guilty of a misdemeanor, and upon conviction thereof may be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.
D. Failure of the claimant to comply with the pre-lien notice requirements of this section shall render that portion of the lien claim for which no notice was sent invalid and unenforceable.
Any person who shall furnish any such material or lease or rent equipment used on said land or perform such labor as a subcontractor, or as an artisan or day laborer in the employ of the contractor, may obtain a lien upon such land, or improvements, or both, from the same time, in the same manner, and to the same extent as the original contractor, for the amount due for such material, equipment and labor, as well as any applicable profit and overhead costs due to the person; and any artisan or day laborer in the employ of, and any person furnishing material or equipment used on said land to, such subcontractor may obtain a lien upon such land, or improvements, or both, for the same time, in the same manner, and to the same extent as the subcontractor, for the amount due for such material, equipment used on said land and labor, as well as any applicable profit and overhead costs due to the person, by filing with the county clerk of the county in which the land is situated, within ninety (90) days after the date upon which material or equipment used on said land was last furnished or labor last performed under such subcontract, a statement, verified by affidavit, setting forth the amount due from the contractor to the claimant, and the items thereof, as nearly as practicable, the name of the owner, the name of the contractor, the name of the claimant, and a legal description of the property upon which a lien is claimed. Immediately upon the filing of such statement the county clerk shall enter a record of the same against the tract index and in the journal provided for in the preceding section, and in the manner therein specified. Provided further, that the owner of any land affected by such lien shall not thereby become liable to any claimant for any greater amount than he contracted to pay the original contractor. The risk of all payments made to the original contractor shall be upon such owner until the expiration of the ninety (90) days herein specified, and no owner shall be liable to an action by such contractor until the expiration of said ninety (90) days, and such owner may pay such subcontractor the amount due him from such contractor for such labor, equipment used on said land and material, and the amount so paid shall be held and deemed a payment of said amount to the original contractor.
A. Within five (5) business days after the date of the filing of the lien statement provided for in Sections 142 and 143 of this title, a notice of the lien shall be mailed by certified mail, return receipt requested, to the owner of the property on which the lien attaches. The claimant shall furnish to the county clerk the last-known mailing address of the person or persons against whom the claim is made and the owner of the property. The notice shall be mailed by the county clerk. The fee for preparing and mailing the notice of mechanics’ and materialmen’s lien and costs for each additional page or exhibit shall be as provided for in Section 32 of Title 28 of the Oklahoma Statutes and shall be paid by the person filing the lien. The fee shall be deposited into the County Clerk’s Lien Fee Account, created pursuant to the provisions of Section 265 of Title 19 of the Oklahoma Statutes.
B. The notice shall contain the date of filing; the name and address of the following: The person claiming the lien; the person against whom the claim is made and the owner of the property; a legal description of the property; and the amount claimed. Provided that, if with due diligence the person against whom the claim is made or the owner of the property cannot be found, the claimant after filing an affidavit setting forth such facts may, within sixty (60) days of the filing of the lien statement, serve a copy of the notice upon the occupant of the property or the occupant of the improvements, as the case may be, in a like manner as is provided for service upon the owner thereof, or, if the same be unoccupied, the claimant may post a copy in a conspicuous place upon the property or any improvements thereon.
§ 143.2. Repealed by Laws 2005, c. 31, § 1, eff. Nov. 1, 2005
The provisions of this act as relating to leased or rented equipment shall not apply to real property qualified for homestead exemption or real property used for agricultural purposes or real property used for the production of or growing of agricultural products.
The provisions of this act relating to leased or rented equipment shall not apply to such equipment used for the development or production of oil or gas, except insofar as is specifically allowed by Section 144 of Title 42.
Any person, corporation, or copartnership who shall, under contract, expressed or implied, with the owner of any leasehold for oil and gas purposes, or the owner of any gas pipeline or oil pipeline, or with the trustee or agent of such owner, perform labor or services, including written contracts for the services of a geologist or petroleum engineer, or furnish material, machinery, and oil well supplies used in the digging, drilling, torpedoing, completing, operating, or repairing of any oil or gas well, or who shall furnish any oil or gas well supplies, or perform any labor in constructing or putting together any of the machinery used in drilling, torpedoing, operating, completing, or repairing of any gas well, or perform any labor upon any oil well supplies, tools, and other articles used in digging, drilling, torpedoing, operating, completing, or repairing any oil or gas well, shall have a lien upon the whole of such leasehold or oil pipeline, or gas pipeline, or lease for oil and gas purposes, the buildings and appurtenances, the proceeds from the sale of oil or gas produced therefrom inuring to the working interest, exempting, however, any valid, bona fide reservations of oil or gas payments or overriding royalty interests executed in good faith and payable out of such working interest, and upon the material and supplies so furnished, and upon any oil well supplies, tools, and other articles used in digging, drilling, torpedoing, operating, completing, or repairing any oil or gas well, and upon the oil or gas well for which they were furnished, and upon all the other oil or gas well fixtures and appliances used in the operating for oil and gas purposes upon the leasehold for which said material and supplies were furnished or labor or services performed. Such lien shall be preferred to all other liens or encumbrances which may attach to or upon said leasehold for gas and oil purposes and upon any oil or gas pipeline, or such oil and gas wells and the material and machinery so furnished and the leasehold for oil and gas purposes and the fixtures and appliances thereon subsequent to the commencement of or the furnishing or putting up of any such machinery or supplies; and such lien shall follow said property and each and every part thereof, and be enforceable against the said property wherever the same may be found; and compliance with the provisions of this article shall constitute constructive notice of the lien claimant’s lien to all purchasers and encumbrancers of said property or any part thereof, subsequent to the date of the furnishing of the first item of material or the date of the performance of the first labor or services.
No lien claimed by virtue of this act, insofar as it may extend to the proceeds from the sale of oil or gas produced from such lease, shall be effective against any purchaser of such oil or gas until a copy of the statement of lien claim required to be filed by the provisions of this chapter has been delivered to such purchaser by registered or certified mail.
A. Except as provided by subsection D of this section, the amount payable under any oil and gas well drilling contract, reworking contract, operating agreement, or monies payable as a condition of participation in the drilling of an oil and gas well under the terms of a pooling order issued by the Oklahoma Corporation Commission shall, upon receipt by any oil and gas well operator, contractor or subcontractor, be held by such operator as trust funds for the payment of all lienable claims due and owing by such operator, contractor or subcontractor by reason of such drilling contract, reworking contract, operating agreement, or force pooling order.
B. The trust funds created under subsection A of this section shall be applied to the payment of said valid lienable claims and no portion thereof shall be used for any other purpose until all lienable claims due and owing or to become due and owing shall have been paid.
C. The existence of such trust funds shall not prohibit the filing or enforcement of any labor, mechanic or materialmen’s lien against the affected real property by any lien claimant, nor shall the filing of such a lien release the holder of such funds from the obligations created under this section.
D. The provisions of this section shall not be applicable or affect payments owed to royalty owners by the operator of an oil or gas well and shall not affect or alter the terms or provisions of Section 87.1 of Title 52 of the Oklahoma Statutes.
Any person, copartnership or corporation who shall furnish such machinery or supplies to a subcontractor under a contractor, or any person who shall perform such labor under a subcontract with a contractor, or who, as an artisan or day laborer in the employ of such contractor, shall perform any such labor, may obtain a lien upon said leasehold for oil and gas purposes or any gas pipeline or any oil pipeline from the same tank and in the same manner and to the same extent as the original contractor for the amount due him for such labor, as provided in the preceding section.
The liens created by Sections 144 and 145 of this title shall be enforced pursuant to the provisions of Sections 171 through 178 of this title. Notice of the lien shall be given and the materialman’s statement or the lien of any laborer shall be filed, in the same manner as is provided for in Sections 141 through 143.4 of this title, except that Section 142.6 of this title shall not apply to liens created pursuant to Sections 144 and 145 of this title and the statement required to be filed in the office of the county clerk pursuant to Section 143 of this title as to liens created pursuant to Sections 144 and 145 of this title shall be filed within one hundred eighty (180) days after the date upon which material, machinery or supplies were last furnished or labor or services last performed under the relevant contract or subcontract, whichever the case may be. A lien created pursuant to Sections 144 and 145 of this title shall affect only the oil and gas leasehold estate and shall not constitute a lien against or otherwise affect any other interest in the real property involved, except if the owner of an oil, gas or other mineral interest therein shall also own a working interest in a well located thereon, such lien shall attach to said working interest.
Repealed by Laws 1982, c. 332, § 3
Any property owner or other interested party, including but not limited to mortgagees, contractors, subcontractors and others against whom a lien claim is filed under the provisions of the law relating to mechanics’ and materialmen’s liens, may at any time discharge the lien by depositing with the county clerk in whose office the lien claim has been filed either: An amount of money equal to one hundred twenty-five percent (125%) of the lien claim amount; or a corporate surety bond with a penal amount equal to one hundred twenty-five percent (125%) of the lien claim amount. Within three (3) business days after the deposit of money or bond is made, the county clerk shall serve upon the lien claimant, at the address shown on the lien claim, written notice setting forth: The number of the lien claim; the name of the lien claimant; the name of the property owner; the name of the alleged debtor, if someone other than the property owner; the property description shown on the lien claim; and the amount of cash deposited or, if a bond is filed, the names of the principal and surety and the bond penalty. The party seeking to discharge the lien shall prepare and deliver the notice to the county clerk and pay a fee in accordance with Section 32 of Title 28 of the Oklahoma Statutes. An abbreviated notice may be used if the same refers to and encloses a copy of the lien claim and either a copy of the cash receipt issued by the county clerk or a copy of the bond with the clerk’s filing stamp thereon. The notice shall be mailed by registered or certified mail at the option of the county clerk.
If cash is deposited, the county clerk shall immediately show the lien released of record. If a bond is deposited, the lien claimant shall have ten (10) days after the notice is mailed within which to file a written objection with the county clerk. If a written objection is not timely filed the county clerk shall immediately show the lien released of record. If an objection is timely made, the county clerk shall set a hearing within ten (10) days thereafter and notify by ordinary mail both the lien claimant and the party making the deposit of the date and time thereof. The only grounds for objection shall be that: The surety is not authorized to transact business in this state; the bond is not properly signed; the penal amount is less than one hundred twenty-five percent (125%) of the claim; the power of attorney of the surety’s attorney-in-fact does not authorize the execution; there is no power of attorney attached if the bond is executed by anyone other than the surety’s president and attested by its secretary; or a cease and desist order has been issued against the surety either by the Insurance Commissioner or a court of competent jurisdiction.
Within two (2) business days following the hearing the county clerk shall either sustain or overrule the objections and notify the parties of the county clerk’s ruling by ordinary mail. If the objections are sustained, the ruling of the county clerk shall be conclusive for lien release purposes unless appealed within ten (10) days to the district court. If the objections are overruled, the county clerk shall immediately show the lien released of record.
The bond shall: Name the lien claimant as obligee and the party seeking the release as principal; be executed by both the principal and the surety; have a proper power of attorney attached if executed by an attorney-in-fact; be executed by a corporate surety authorized to transact business in this state; and be conditioned that the principal and surety will pay the full amount of the claim as established in any appropriate court proceeding, plus any court costs and attorney fees awarded the lien claimant, but in no event shall the liability of the principal or surety under the bond exceed the bond penalty. The preceding clause shall not limit the common law liability of the party who created the indebtedness upon which the lien claim is based. The conditions of any bond filed pursuant to this section shall be deemed to comply with the requirements hereof, regardless of the language or limitations set forth therein, if both the principal and surety intend that the bond be filed to secure a lien release under this section.
The cash deposit or bond, as the case may be, shall stand in lieu of the released lien, and the lien claimant must proceed against the substituted security in the same time and manner as is required for foreclosure of a lien claim. The cash deposit or bond shall stand liable for such principal, interest, court costs and attorney fees to the extent they could be awarded in a lien foreclosure proceeding.
The only proper parties to an action against the substituted security are: The party making the cash deposit; the bond principal and surety; the party primarily liable for the indebtedness giving rise to the lien claim; and anyone else who may be liable to the lien claimant for the same indebtedness. The party making the cash deposit and the bond principal and surety are necessary parties to an action against the substituted security, and by making a deposit or filing a bond the parties subject themselves to personal jurisdiction in the court where the action is properly filed and may be served with process as in other cases.
If the lien claimant fails to timely file a foreclosure action, upon application of the party making the deposit or filing the bond and the payment of a fee of Ten Dollars ($10.00), the county clerk shall return the cash to the party making the deposit or appropriately note on the bond that the same has been released. The clerk shall not incur liability to any lien claimant for an inadvertent release of cash or bond. At the end of five (5) years and after the county clerk has attempted written notification to the lien claimant at the address shown on the lien claim, if no foreclosure has been commenced by the lien claimant or such money has not been withdrawn upon application of the depositing party, the cash deposit plus all accrued interest shall be forfeited to the county general fund.
Nothing contained in this section shall preclude the lien claimant and other interested parties from entering into agreements for the substitution of a different form of security in lieu of the lien claim.
The county clerk shall invest the deposited cash in the manner provided for county treasurers in Section 348.1 of Title 62 of the Oklahoma Statutes. Any interest earned thereon shall become a part of the deposit and be either returned to the party making the deposit, if no action is filed, or paid in accordance with any final judgment rendered by the court in the action against the substituted security. If a district court judgment adverse to the depositing party is entered, in setting the amount of supersedeas bond the court shall take into consideration the existing cash deposit or bond.
All miners and other employees engaged in the work of developing and opening up coal mines, sinking of shafts, or construction of slopes or drifts, the driving of entries, mining in coal, and every mechanic, builder, artisan, workman, laborer or other person who performs any work or labor in and about such mines, shall have as security for such work and labor performed, a lien therefor upon the buildings, machinery, equipment, inside or outside, income, franchises, leases or subleases and all other appurtenances and all property of the person, owner, agent, firm or corporation owning, constructing or operating such mine or mines, and all property in their possession or under their control, or permitted by the owner to be used in the construction or operation thereof, superior or paramount, whether prior in time or not, to that of all persons interested in such mines as managers, lessees, sublessees, operators, mortgagees, trustees and beneficiaries under trust, or owners.
The lien provided for in the preceding section shall not be effective unless suit shall be brought within one (1) year after it accrued.
