JUNE 2024 | 13 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Section 142.6(A)(1) as “a person, other than an original contractor, that is entitled or may be entitled to a lien pursuant to Section 141 of Title 42 of the Oklahoma Statutes.” As noted, Section 141 pertains only to contractors, so this definition seems to limit (contrary to the previously mentioned portions of the section) to liens filed by contractors (i.e., this definition seems to exclude liens by subcontractors from the scope of §142.6). Also, the term “original contractor” is not defined in the statutes, so it is not clear what is excepted from the definition of “claimant.” To be safe, a pre-lien notice should be filed regardless of whether a lien is filed by a contractor or a subcontractor. The quoted amendments to §142.6(B)(1) now clarify that the 75 days begin with the date of the last supply of material, services, labor or equipment. Before this amendment, it was not clear when the 75 days began. Two other changes are effected by the amendments. The first increases the number of instances for which pre-lien notices are required by providing that the pre-lien notice requirements now apply to all owner-occupied dwellings, regardless of the amount of the claim for material, services, labor or equipment. However, the second decreases the number of instances for which pre-lien notices are required by providing that prelien notices are not required for claims of less than $10,000 against all other properties (i.e., for all claims against properties other than owner-occupied dwellings). Liens Excluded From Pre-Lien Notice Requirements Section 142.6(B)(3) provides: The pre-lien notice requirements shall not apply to a claimant: a. whose claim relates to the supply of material, services, labor, or equipment furnished in connection with a residential project. For the purposes of this subparagraph, the term “residential” shall mean a single family or multifamily project of four or fewer dwelling units, none of which are occupied by an owner, or b. whose aggregate claim is less than Ten Thousand Dollars ($10,000.00). A claimant who fails to send a pre-lien notice is not prohibited from asserting any lien at all; such a claimant can still file and (assuming the lien is timely filed) enforce a lien for $9,999 and seek foreclosure of that lien along with a judgment for the full amount claimed.14 LIEN STATEMENTS Contractors A contractor may claim a mechanic’s lien on real property by filing a lien statement with the county clerk within “four months after the date upon which material or equipment used on said land was last furnished or labor last performed under contract.”15 The lien statement must set forth: 1) the amount of the contractor’s claim, 2) an itemized statement of the claim, 3) the names of the property owner and the contractor claiming the mechanic’s lien and 4) a legal description of the property. The contractor lien claimant must verify the statement by affidavit and file it with the county clerk for the county where the property is located.16 Subcontractors A subcontractor may claim a mechanic’s lien on real property by filing a lien statement within 90 days after the subcontractor last furnishes labor or materials under the subcontract.17 The lien statement must set forth: 1) the amount of the subcontractor’s claim, 2) an itemized statement of the claim, 3) the names of the property owner, contractor and subcontractor who are claiming the mechanic’s lien and 4) a legal description of the property.18 The subcontractor lien claimant must verify the statement by affidavit and file it with the county clerk for the county where the property is located.19 Sub-Subcontractors Although Oklahoma’s lien statutes don’t specifically define “sub-subcontractor,” Oklahoma’s Fair Pay for Construction Act defines a sub-subcontractor as “any entity that has a direct contract with another subcontractor to perform a portion of the work under a construction contract.”20 A sub-subcontractor is generally treated as a subcontractor. Amendments A party may file (without a court’s permission) multiple mechanic’s lien statements in an effort to perfect a proper lien as long as the time for filing the lien has not expired. Such timely amendments may, among other things, increase the amount claimed.21 After a foreclosure action is filed, a lien statement is treated just as any other pleading that may be amended “in
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