In Oklahoma, a mechanics lien is a set of legal papers that essentially protects the rights of the individual who filed the claim. Typically, suppliers, subcontractors, or contractors for businesses submit them. They file them when they haven’t been paid for services rendered or supplies provided for a particular piece of property. The land, structures, and accessories are all subject to the lien. The total amount of the encumbrancer includes all outstanding debts and administrative fees.
Who Can File a Mechanics Lien in Oklahoma?
In general, a mechanic’s lien can be filed by anybody who works on a piece of property on behalf of the owner. “Any person who shall, under oral or written contract with the owner of any tract or piece of property, perform labour, provide material, or lease or rent equipment utilized on such land for the installation, alteration, or repair of any structure,” is prohibited by Oklahoma law, Whoever works to build, alter, repair, or provide labour, material, or lease or rent equipment used on said land for building, altering, or repairing any fence or foot-walk in or upon said land, or any sidewalk in any street abutting such land, or who plants any tree, vines, plants, or hedge thereon, or who performs labour in putting up any fixtures, machinery, or attachment to any such building, structure, or improvements, or who plants any tree, vines, plants, or hedge.
Oklahoma’s mechanics, builders, plumbers, and other contractors, issues
You were asked to do a task. You offered a charge or presented an estimate, the customer agreed, and you completed your task. They no longer want to pay you. Sounds visible?
These issues are constantly faced by those who work in the building materials or services industry. The customer claims to accept the pricing, but after the project has been completed, your team has been paid, and goods have been purchased on credit with interest now being charged, they dispute the cost. It’s amusing (or sad, actually) how frequently this occurs.
Thank goodness, you have a legal option under Oklahoma law. This essay will outline ways to safeguard your rights and recover the money owed.
Your Lien Rights to Secure Payment for Your Labor and Materials
Any person who performs labour or supplies material shall have a lien on the real estate that received the labour or material. This includes services for planting trees or other plants, as well as traditional construction services, such as plumbing, roofing, electrical, and any remodelling work.
Importance of Written Estimates and Contracts
In Oklahoma, oral contracts are legitimate and enforceable. They can, however, be more difficult to show in the absence of unbiased witnesses. Always prepare your estimate in writing to avoid issues. When the consumer agrees, ask him or her to sign the estimate.
If there are any reasons why the final bill may differ from the estimate, include them in your estimate. This may be performed by showing the hourly rate and how the bill will fluctuate depending on the total number of hours worked vs the initial estimate of how long it would take, you can manage or estimate these things if you have knowledge about How to file a Mechanic’s Lien in Oklahoma. Alternatively, you may describe how additional factors, such as the discovery of faults with the house’s frame, plumbing, and so on, might affect the ultimate price.
The Pre-Lien Notice Requirement
You do not need to serve a pre-lien notice if you contributed labour or supplies for a project on a residential property. A single-family home, a duplex, a triplex, or a four-plex are all examples of residential property. It is deemed commercial if it contains five units.
You do not need to issue a pre-lien notice if you are seeking less than $10,000.
If you worked on an apartment building or other commercial property for $10,000 or more, you must serve a pre-lien notice within 75 days of the last day you worked.
Hiring a Lawyer to do all of this for you
You are entitled to compensation if you performed labour or supplied supplies for any sort of real estate construction. Travis Charles Smith will defend you on a contingency basis, which means he will not charge you any upfront legal costs and will not be compensated unless you are paid.
Frequently Asked Questions
Q1. Why Should You File a Mechanic’s Lien?
In Oklahoma, a mechanics lien is used to secure payment from the property’s owner. The payment amount includes all amounts owing to the individual at the time the lien is filed. This includes, but is not limited to, any applicable profit and overhead expenditures. You must act immediately.
Q2. When Should You File a Mechanic’s Lien?
Any individual claiming a lien must file it, together with documentation, within four (4) months of the date material or equipment utilized on said land was last delivered or labour has been done under contract as specified. If the claim is for planting, a planting declaration must be submitted within four (4) months.
Q3. Why are the Mechanic’s and Materialmen’s Lien so strong?
The lien causes the mortgage to default. A condition in 100% of mortgages compels the owner to eliminate any liens filed against the property—these clauses are known as negative lien clauses. As a result, if the property’s owner has taken out a loan and used the property as collateral, the owner will be in default on the loan if a lien is not removed from the property.
The lien is a cloud on the title to the property. Unless the lien is removed from the property, it cannot be sold or borrowed. Attorney’s fees are frequently paid.