Oklahoma Preliminary Notice Guide and FAQs

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About Oklahoma Preliminary Notice

Oklahoma Prelim Notice Rules
At a Glance


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Preliminary Notices Generally Required

It depends. All parties who did not contract directly with the property owner are required to send a preliminary notice if one of the two following circumstances applies: 1) the property includes an owner occupied dwelling; or 2) the claimant’s aggregate claim is greater than $10,000 on a non-residential project.


N/A
Notice Not Required from GCs

It does not appear that Oklahoma specifically requires GCs to send preliminary notice, even on owner-occupied residential projects, but it's not entirely clear. Accordingly, it is likely best practice to send.


75
DAYS
Subcontractors Must Generally Send Notice

Preliminary notice required within 75 days of last delivering labor and/or materials if owner-occupied or aggregate claim $10,000 or more.


75
DAYS
Suppliers Must Generally Send Notice

Preliminary notice required within 75 days of last delivering labor and/or materials if owner-occupied or aggregate claim $10,000 or more.


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Notice Cannot be Sent Late

If the 75-day deadline is missed, it is fatal to any subsequent lien claim in Oklahoma.


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Send to Owner and GC

Preliminary notice in Oklahoma must be sent to the last known address of the property owner and GC.

Preliminary notice not required in WV
Preliminary Notice Not Required

Oklahoma does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.


X
N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


X
Notice Not Required from Subs

Oklahoma does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.


X
Notice Not Required from Suppliers

Oklahoma does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.

Oklahoma has a fairly traditional preliminary notice scheme, with a few wrinkles. While preliminary notice is generally required in Oklahoma for parties there than those who contract directly with the property owner, there are some situations in which the requirement may not be obvious.

Generally, construction participants who did not contract directly with the property owner of the improved property are required to send preliminary notice in Oklahoma when one of the two following circumstances applies:

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

If one of these two circumstances applies, the participant is required to give preliminary notice to the general contractor and the property owner. It is not specifically clear if general contractors or others contracting directly with the property owner are required to give the property owner preliminary notice on an owner-occupied project. But, as with other projects, providing preliminary notice is a good idea even when not required, so it may be worthwhile for direct contractors to give notice when working on or supplying materials an owner-occupied residence out of an abundance of caution.

The specificity of the rules above means that there is a peculiar aspect of Oklahoma’s preliminary notice requirement that residential projects that are not “owner-occupied” do not require preliminary notice – even if the claim amount exceeds the $10,000 floor that otherwise applies to commercial projects.

Oklahoma defines a residential project (distinct from an owner-occupied residential project), and accordingly, a project to which the preliminary notice requirements do not apply, as a single or multi-family residence of four or fewer units, none of which are occupied by an owner. It is unclear from the statute, however, whether “occupied” means that the property is the full-time residence (or domicile) of the owner, or just that it is the owner who uses the property, such that second, or other vacation homes would count. However, given that courts have decided that an owner who resided in a residence when it was damaged and only left temporarily so that it could be repaired, is considered to be occupying the property and deserving of notice, it seems like a party must be “residing in” a residence for it to count as owner-occupied. Mel Stevenson & Associates, Inc. v. Giles, 103 P.3d 631 (Okla.Civ.App. Div. 2) (2004)

There is one other very intriguing aspect of Oklahoma’s preliminary notice requirements, however, that does not really have much of an analogue in other states. If the project participant gives the general contractor a written request, delivered by certified mail, return receipt requested (or any other way sufficient for delivery of preliminary notice), asking for the name and last known address of the property owner, the contractor must respond with that information within 5 days of receiving the request. If the contractor fails to respond, the project participant making the request is not required to provide the owner a preliminary notice.

Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in Oklahoma, it's important to get all the details right. Oklahoma has specific rules and requirements that determine whether a notice is required, and it's important to make the right determination. If you're receiving prelims, it's important to know what you're looking at and know what to do in followup. Since prelims in Oklahoma are subject to a lot of complex rules and requirements, this can all be difficult. Here are some frequently asked questions (and answers) about the Oklahoma preliminary notice process.

Prelim FAQs on Private Projects

Do I Need to Send a Oklahoma Preliminary Notice?

It depends.

All parties who did not contract directly with the property owner are required to send a preliminary notice if one of the two following circumstances applies:

1) the property includes an owner occupied dwelling; or

2) the claimant’s aggregate claim is greater than $10,000 on a non-residential project. Oklahoma defines a residential project (distinct from an owner-occupied residential project) as a single or multi-family residence of four or fewer units, none of which are occupied. No preliminary notice is required for such a residential project.

If one of these two circumstances applies, the lien claimant is required to give preliminary notice to the general contractor and the property owner.

It is unclear if the general contractor is required to give the property owner preliminary notice on an owner-occupied project, but it may be worthwhile to give the notice out of an abundance of caution.

When do I Need to Send a Oklahoma Preliminary Notice?

Preliminary notice, when required, must be given prior to filing the lien statement, and no more than 75 days after the last date on which the lien claimant furnished labor and/or materials to the project. Only one notice is required per project, even if the lien claimant continues to provide labor and/or materials after the notice has been given.

What if I Send the Oklahoma Preliminary Notice Late?

Failure to give preliminary notice within the 75-day period, when notice is required, is fatal to a mechanics lien claim in Oklahoma. Further, when a lien claimant files a statement of lien with the county clerk, he must also provide an affidavit certifying that he complied with the preliminary notice requirements. Falsification of the affidavit is a misdemeanor, and the lien claimant may be fined up to $5000 and/or imprisoned for 30 days.

How Should the Oklahoma Preliminary Notice be Sent?

Oklahoma only requires that the preliminary notice be “sent” to the general contractor and the property owner. However, it is generally advisable to send the notice via certified mail. The lien claimant should also keep a copy of the notice and affidavit of delivery for attachment to the lien statement.

Do I Have to Send the Oklahoma Preliminary Notice to Someone Other than the Owner?

Yes. The preliminary notice must also be given to the general contractor.

Is the Oklahoma Preliminary Notice Requirement met when sent or delivered?

The preliminary notice is considered delivered when sent.

Prelim FAQs on Public Projects

Do I Need to Send a Oklahoma Preliminary Notice?

No. Oklahoma does not require preliminary notice to preserve rights to make a bond claim, if the claimant is otherwise entitled to that protection. Any party, however, may send notice if they so desire.

When do I Need to Send a Oklahoma Preliminary Notice?

N/A

What if I Send the Oklahoma Preliminary Notice Late?

N/A

How Should the Oklahoma Preliminary Notice be Sent?

N/A

To Whom Must the Oklahoma Preliminary Notice be Given?

N/A

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Recent Questions & Answers
About Oklahoma Preliminary Notices

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.

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How to file a lien in Oklahoma

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Oklahoma Preliminary Notice Form Template

The Oklahoma pre-lien notice form is regulated by statute. This doesn’t mean that the form has to look exactly a certain way, but there is a lot of information that is specifically required to appear on the document. The forms provided here for free by Levelset are compliant with the Oklahoma rules. You can download them for free, or use our system to send or request them easily.

Oklahoma Pre-Lien Notice Form - free from

Oklahoma Pre-Lien Notice Form

A PreLien Notice must be delivered to the property owner and original contractor by anyone who: (1) did not contract with the property owner; (2)...

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Oklahoma Homeowner Notice Form - free from

Oklahoma Homeowner Notice Form

On owner-occupied residential projects, all parties are required to furnish the property owner with a “Homeowners Notice.” This must be delivered to the owner before...

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