Oklahoma Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
Oklahoma does not require any specific lien waiver form. Any form may be used.
Notarization Not Required
Oklahoma lien waivers do not need to be notarized.
Can Waive Rights in Contract
Oklahoma does not specifically prohibit waiving future lien rights through contract.
Can Waive Rights Before Payment
There is no specific prohibition on waiving lien rights prior to payment in Oklahoma, if that is the intention of the parties.
Oklahoma lien waivers are mostly unregulated, both in content and form, and in timing.
In Oklahoma, there aren’t specific laws that detail how lien waiver exchanges should occur. The state, for example, does not provide lien waiver form templates, or specify any particular language that must be used. Construction participants on projects in Oklahoma have wide latitude to choose the exact format and language of lien waivers.
Unlike many states that don’t regulate the form of waivers, but do regulate when waivers can be exchanged to be effective, Oklahoma doesn’t really restrict when a waiver may be given. Lien rights are a policy right of contractors and suppliers, so many states have protections in place to make sure those rights aren’t unfairly side-stepped. Oklahoma, however, appears to have come down on the side of freedom of contract. while Oklahoma courts have not definitely decided the issue, it appears thatOklahoma would allow parties to waive lien rights y contract prior to work.
In Oklahoma, like everywhere, construction stakeholders must be mindful of the impact of a lien waiver. Though the documents are routinely exchanged, they have significant consequences and can directly impact a participant’s ability to get paid. The resources, forms, guides, and frequently asked questions about Oklahoma Lien Waivers on this page will help you get it right.
