A mechanics lien is a powerful legal tool in Oklahoma that allows contractors, subcontractors, suppliers, and other construction professionals to secure payment for their labor or materials by placing a lien on the property they worked on. This lien ensures that contractors are paid for their services, even if the property owner fails to pay.
What Is a Mechanics Lien?
A mechanics lien is a legal claim against a property for unpaid construction work or supplies and makes it difficult for the owner to sell or refinance until after payment of the debt. By filing a mechanics lien, you protect your right to receive payment for your contributions to a property’s improvement.
Steps to Get a Mechanics Lien in Oklahoma
To obtain a mechanics lien in Oklahoma, there are specific steps you need to follow:
Verify Eligibility: Ensure that you are eligible to file a mechanics lien. In Oklahoma, general contractors, subcontractors, material suppliers, equipment lessors, and laborers can file a lien for work performed or materials provided for property improvement.
Serve Preliminary Notice: For a residential project, you must serve a preliminary notice to the property owner within 75 days of the last day you provided labor or materials. This notice informs the owner that you are working on the project and intend to file a lien if unpaid. Preliminary notice is not required for commercial projects in Oklahoma.
Filing: You must file the lien statement with the county clerk’s office in the county where the property is located. You will have four months to do this from the last day you provided labor or materials. The lien statement should include details such as your name, the property owner’s name, a description of the work or materials provided, the amount owed, and a legal description of the property.
Serve the Lien Statement: After filing the lien statement, you must serve a copy to the property owner. This can either be via certified mail with a return receipt or by personal delivery with proof of receipt.
Enforce the Lien: If the property owner does not pay the debt, you must file a lawsuit. However, this must be within one year from the date of filing the lien statement.
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Tulsa County Construction Lawyers
In Oklahoma, a mechanics lien is a critical piece in order for construction professionals to secure payment. By verifying eligibility, serving preliminary notice when required, filing the lien statement within the specified timeframe, serving the lien to the property owner, as well as enforcing the lien through a lawsuit if necessary, you can protect your right to payment.
Our team here at Tulsa County Lawyers Group will guide you through the process and ensure you meet all requirements. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
