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For what can a Mechanic's Lien can be filed?

Can a Mechanic's Lien be filed for routine repairs? Our business is being threatened with a lien on the property for overdue payment on repairs of equipment that was not working properly. There was no construction being done, no renovations project, no bid for the work, no contract. It was simply, for example, the air conditioner broke and the company was called out to repair it.

2 replies

Mar 4, 2020

The right to lien in Oklahoma is set forth by 42 Okl.St.Ann § 141. The protection is broad, and the section states, in part: "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 building, 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." So, repair work to the building or structure is specifically contemplated to give rise to mechanics lien rights, as is work to "put up" fixtures or machinery, it is less specifically clear whether the repair of fixtures would give rise to mechanics lien rights, depending on the nature of the equipment being repaired. Since an HVAC system is likely a permanent part of the property, such that a repair to the HVAC can be considered a repair to the property itself, it is easily arguable that such work could give rise to mechanics lien protection. Note, as well, that even in the event that a lien may ultimately not be determined enforceable, county recorders generally do not act as gatekeepers to bar the filing of the lien in the first place.

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Mar 4, 2020

Thank you very much for your fast answer!

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