Oklahoma Pre-Lien Notice Form
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This Oklahoma Pre-Lien 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 cost of work is more than $10,000. This notice must be sent within 75 days of last delivering labor and/or materials.
Rules and regulations for sending a Oklahoma Preliminary Notice
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. This notice must be sent within 75 days of last delivering labor and/or materials. This deadline marks the end of this 75 days period.
After completing the Oklahoma Pre-Lien Notice Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about Oklahoma Preliminary Notice
I hired a handyman to install spray foam insulation. He was paid in full prior to the project. He verbally told me he would be doing the work, his invoice states he will be doing the work, the invoice is under his name (not a company name). He (without my knowledge) hired another company to do the work. 73 days later this other company came to me door. I gave him the address and phone numbers for my handyman. He stated he wasn't paid..and I thought it could be a scam. 85 days post install they filed a lien on my property. This was the first time I had the name of the company, and dollar amount. Is this lien valid? No pre-lien notice, they were not authorized to work on my property, my handyman did not have the authority to bring in additional people, and the amount this company charged was well over the expected price. Last, the work has unfinished repairs.
In Oklahoma, parties without a contract with the property owner are required to provide preliminary notice within 75 days of first furnishing labor or materials in order to retain lien rights when one of the following circumstances apply:
1. the property includes an owner-occupied dwelling; or
2. the project is non-residential and the claimant's aggregate claim is greater than $10,000.
So, to the extent that a project took place on an owner-occupied dwelling, all parties that did not contract with the property owner must deliver a preliminary notice in order to retain lien rights. If the 75-day deadline is not met, or if the notice is not ever actually given, it is fatal to lien rights.
If the preliminary notice is given, the lien itself may be filed within 4 months after the last date labor or material was furnished.
Whether the fact that a property owner didn't intend for a contractor to hire subs, or whether any unfinished work limits the availability of mechanics lien protection is a complex question, although the general rule is that construction participants are entitled to mechanics lien protection to for the value of the labor they performed or materials they furnished to a project.
But, to the extent preliminary notice is required but not delivered (or not delivered timely), any subsequent lien is likely invalid and unenforceable.
Are there legal implications for a materials supplier if they submit a Mechanic's Lien without having forwarded the Prelim. This is for a residential job.
Can a general contractor in the state of Oklahoma put in a contract that a subcontractor has no right to lien a job or pre lien a job
Ask a construction lawyer about a Oklahoma Preliminary Notice
Other forms to use in Oklahoma
Oklahoma County Recorders
Looking to file/record a mechanics lien in Oklahoma? You'll need to get your Oklahoma mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Oklahoma. Click on any county to find more information about how to get your lien recorded in that county.
200 East Court Street Suite 203 W.
Atoka, Oklahoma, 74525
213 West Delaware, Room 200
Tahlequah, Oklahoma, 74464
201 W Grant Ave
Pauls Valley, Oklahoma, 73075
phone: (405) 238-2772
200 N Broadway St, Suite 5
Holdenville, Oklahoma, 74848
phone: (405) 379-5487
101 N Main St # 203
Altus, Oklahoma, 73521
207 East Johnston St
Smithfield, Oklahoma, 27577
110 N 1st St
Eufaula, Oklahoma, 74432
phone: (918) 689-2741
400 West Broadway Street
Muskogee, Oklahoma, 74401
320 Robert S. Kerr, Room 203
Oklahoma City, Oklahoma, 73102
314 W 7th St #203
Okmulgee, Oklahoma, 74447
phone: (918) 756-0788
110 S Wewoka Ave
Wewoka, Oklahoma, 74884
phone: (405) 257-2501
Courthouse - 101 South 11th St, Rm 203
Duncan, Oklahoma, 73533
phone: (580) 255-0977
400 S Johnstone, Room 100
Bartlesville, Oklahoma, 74003
phone: (918) 337-2834
1600 Main Street
Woodward, Oklahoma, 73801