Oklahoma City Oklahoma Claim of Lien by Contractor as Individual

State:
Oklahoma
City:
Oklahoma City
Control #:
OK-01-09
Format:
Word; 
Rich Text
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Description

Any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor, furnish material or lease or rent equipment used on said land shall have a lien upon the whole of said tract or piece of land. Any person claiming a lien as aforesaid shall file in the office of the county clerk of the county in which the land is situated a statement setting forth the amount claimed and the items thereof as nearly as practicable, the names of the owner, the contractor, the claimant, and a legal description of the property subject to the lien, verified by affidavit. Such statement shall be filed within four (4) months after the date upon which material or equipment used on said land was last furnished or labor last performed under contract.


A Claim of Lien by Contractor as an Individual is a legal document filed in Oklahoma City, Oklahoma to secure payment for construction or improvement work performed by a contractor. This lien is typically filed by individual contractors who have not been paid for their services or materials provided to a property owner or a general contractor. It serves as a legal notice, notifying interested parties about the contractor's right to claim a portion of the property's value until the debt is resolved. The Oklahoma City Oklahoma Claim of Lien by Contractor as an Individual protects the contractor's interests and helps expedite payment. By filing this lien, the contractor establishes a legal claim against the property's title, making it difficult for property owners to sell, transfer, or refinance the property without addressing the outstanding debt. This incentivizes property owners to settle the debt to remove the lien. In Oklahoma City, there are various types of Claim of Lien by Contractor as Individual: 1. Original Contractor's Lien: This is filed directly by an individual contractor who directly provided services or materials to the property owner or general contractor. The contractor needs to meet specific requirements within the required time frame to ensure the validity of this lien. 2. Subcontractor's Lien: Subcontractors are often hired by another contractor to perform specialized tasks or supply materials for a construction project. When a subcontractor is not compensated for their services, they can file a subcontractor's lien against the property. 3. Material Supplier's Lien: Material suppliers, such as those providing concrete, lumber, or plumbing fixtures, also have the right to file a material supplier's lien if they have not received payment for their goods supplied to a construction project. 4. Mechanic's Lien: Though not specific to the construction industry, a mechanic's lien can be filed by an individual contractor or subcontractor who has provided labor or services related to machinery or vehicles. This lien can be claimed if unpaid for services like repairing construction equipment. It is essential for contractors to follow the correct procedures when filing a Claim of Lien by Contractor as an Individual in Oklahoma City. Failure to adhere to the statutory requirements or missing the specific deadlines may result in the loss of the lien claim. Seeking legal advice or assistance from a qualified attorney who specializes in construction law is highly recommended ensuring a smooth and successful lien filing process. Overall, the Oklahoma City Oklahoma Claim of Lien by Contractor as Individual is a crucial legal tool that safeguards the rights of contractors against non-payment, effectively encouraging timely settlements and fair compensation within the construction industry.

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FAQ

The deadline to file a mechanic's lien for a general contractor is within four (4) months after the date upon which material or equipment was last furnished or performed under the contract.

An action to enforce an Oklahoma mechanics lien must be initiated within 1 year of the date on which the lien was recorded. However, note that the action to enforce may not be initiated until at least 90 days have passed from the date on which the lien was recorded.

In Oklahoma, liens filed on private property or on funds relating to a public project are known as Mechanic's Liens. When an Oklahoma mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

How to file a Mechanic's Lien in Oklahoma Any person who performs labor or furnishes material may file a lien on the real estate that received the labor or materials. You must serve a pre-lien notice if the amount is over $10,000. You must serve your pre-lien notice within 75 days. You must file your lien within 120 days.

How long does a judgment lien last in Oklahoma? A judgment lien in Oklahoma will remain attached to the debtor's property (even if the property changes hands) for five years.

To attach the lien, the creditor files the Statement of Judgment with the county clerk in any Oklahoma county where the debtor has property now or may have property in the future.

In Utah, an action to enforce a mechanics lien (both pre-construction or construction) must be initiated within 180 days of the date on which the Notice of Lien was filed.

All lien claimants without a direct contract with the owner must file a lien statement within 90 days from the date labor or materials were last furnished to the property. An action to enforce an Oklahoma mechanics lien must be initiated within 1 year of the date on which the lien was recorded.

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The law limits the types of cases you can file in Small Claims Court. Subcontractors can also file liens.Their liens are in the form of a "Notice of Claim of Lien". Check with a lawyer familiar with how mechanics' liens work in your state. Did Your Contractor File a Valid Mechanics' Lien? The contractor has 120 days after the work is completed to file the lien. The contractor has 120 days after the work is completed to file the lien. For more information, help filling out the form or if you have questions please call (405) 297-2451. Funds for County Road and Bridge Construction and Maintenance . Assignment: The transfer of interest in a debt (bond, mortgage, lease, etc.).

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Oklahoma City Oklahoma Claim of Lien by Contractor as Individual