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Does a down payment at contract signing start our lien right's clock?

Oklahoma

At contract signing we take a deposit, does that start the pre lien process? Should we file at that time or wait until we have first delivery scheduled?

2 replies

Apr 19, 2021

An Oklahoma PreLien Notice must be delivered to the property owner and original contractor by anyone who:

1. did not contract with the property owner

2. is working on a non-residential project; 

3. when the cost of work is more than $10,000. This notice must be sent within 75 days of last delivering labor and/or materials 

A PreLien Notice must be delivered to the property owner and original contractor when the claimant did not contract with the property owner. This requirement does not apply when either (1.) the project was residential (but not owner-occupied); or (2.) the total claim is less than $10,000, however, it may be a good idea to send the notice in any event. The notice must be sent within 75 days of last delivering labor and/or materials. This deadline marks the end of this 75 day period. 

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Apr 23, 2021
Thank you but that doesn't answer the question I asked. We receive a down payment at contract signing. Should pre-lien be filed then OR when we drop first materials? I only ask because we sometimes have 6-9 months before we actually begin work and need to know when to file the pre-lien. Thank you
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