Oklahoma Mechanics Lien Form

The quick answer is that if you are getting sued or threatned to be sued, it's always best practice to enlist the help of a lawyer. While a letter from an attorney demanding payment isn't the same as a lawsuit being filed, it's part of the progression heading in that direction. Getting the help of a local attorney who can look at your specific situation, documents, and evidence supporting the work and dispute at issue can go a long way towards getting you set going down the right path.  

Whether or not a lawsuit, or a mechanics lien is appropriate is a different question. Generally, parties in Oklahoma who provided labor or materials for the “erection, alteration, or repair of an improvement” are entitled to a mechanics lien if they are not paid for such work. A dispute over workmanship or certain back-charges generally doesn't impair the ability or right to file a mechaincs lien, but may be relevant to the amount the lien secures.

In most cases, failure to receive payment from higher up on the chain doesn't completely excuse the nonpayment of parteis below. Pay-if-pay clauses may potentiall be enforced in Oklahoma if they are explicit in the contract, but otherwise, the prompt payment requirements likely control in the absence of other specific contractual language otherwise.