Can I file a bond claim on a owner if I was hired by the tenant to do work on the property and wasn't paid and called on phone by the owner and was told he/she wasn't going to pay me either
1 reply
Nov 13, 2019
Recovering payment for work performed on a tenant's property can get a little tricky. Let's look at the ability to file a mechanics lien or a payment bond claim on Oklahoma tenant improvement projects.
Filing a mechanics lien on a tenant improvement
Generally, when work is performed for a tenant, rather than the property owner, the ability to file a mechanics lien will generally be limited to the tenant's interest in the property. So, rather than a mechanics lien against the fee interest in the property, a lien claimant may be able to pursue a claim against the tenant's lease. Levelset discusses that here: What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement?
If the improvement constructed on the property is separately owned from the land (for example: a tenant erecting a building on the owner's land), then the right to file a mechanics lien would arise separately in that improvement, as set out at § 141 of the Oklahoma mechanics lien statute.
Availability of payment bond claims
Payment bond claims are usually most appropriate on public works projects. Publicly owned property generally can't be liened, so public entities instead require that their contractors secure payment bonds to cover payment claims of subs and suppliers.
Payment bonds are generally relatively rare on privately-owned construction projects, and the Oklahoma mechanics lien statute doesn't specifically allow for the use of payment bonds on private jobs. Some states allow for the use of a payment bond to keep a property free and clear of potential liens, but it does not look like Oklahoma is one of them.