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Home>Levelset Community>Legal Help>Do I file the mechanics of lien here in Texas or Oklahoma? Is it too late to file it? If it is, what do I need to do now

Do I file the mechanics of lien here in Texas or Oklahoma? Is it too late to file it? If it is, what do I need to do now

TexasConstruction ContractLien ForeclosureNotice of Intent to LienPayment Disputes

Hello, during the month of April, my electrical company from Texas was hired to do a job in Oklahoma, with a contractor from Texas. There was four different phases to the job, the first three were paid for, but the last one was not. We have sent reminders for the contractor to pay, but the money has yet to be seen. Do I file the mechanics of lien here in Texas or Oklahoma. Is it too late to file it? If it is, what do I need to do now so that my company can get paid. Thank you

1 reply

Aug 5, 2020
The applicable mechanics lien laws, will be those where the project and property are located; in this case Oklahoma mechanics lien law. First and foremost, your right to file a lien will depend on if you were required to send an OK preliminary ("pre-lien") notice, and if you did so. Since this is a commercial project, anyone who didn't contract directly with the property owner is required to send a notice 75 days after the last date of furnishing if the amount of the claim exceeds $10K. If you have complied with the notice requirements, or are not required to do so, the deadline for subs to file an OK mechanics lien is 90 days from the last date labor or materials were last furnished to the project. Lastly, if you are unable to file a mechanics lien, there are still legal options for recovery. Most notably a lawsuit under claims such as breach of contract or unjust enrichment. You should consult with a local attorney to advise you regarding your specific circumstances. We have a few Oklahoma construction attorneys our Expert Center Community that you may want to reach out to personally.
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