Mechanics Lien Deadlines in Oklahoma
Oklahoma sets distinct filing windows for original contractors and subcontractors, a pre-lien notice requirement, and a one-year window to enforce a mechanics or materialmen lien.
Oklahoma's mechanics' and materialmen's lien law is found in Title 42 of the Oklahoma Statutes. It grants a lien to those who perform labor, furnish material, or lease equipment used to improve land, and it prescribes when the lien statement must be filed with the county clerk, when a pre-lien notice must be sent, and when an action to enforce the lien must be brought. The deadlines and the events they run from are set out below with citations to the statute.
Filing and enforcing a mechanics lien in Oklahoma
Any person who performs labor, furnishes material, or leases or rents equipment used on land under an oral or written contract with the owner for the erection, alteration, or repair of a building, improvement, or structure has a lien upon the whole tract of land together with the buildings and appurtenances. 1
A lien claimant must file the lien statement in the office of the county clerk within four (4) months after the date on which material or equipment used on the land was last furnished or labor was last performed under the contract. 2
A claimant must send a pre-lien notice to the last-known address of the original contractor and an owner of the property no later than seventy-five (75) days after the last date of supply of material, services, labor, or equipment giving rise to lien rights. 3
No lien affecting property then occupied as a dwelling by an owner is valid unless the pre-lien notice was sent within seventy-five (75) days of the last furnishing of materials, services, labor, or equipment by the claimant. 3
Within five (5) business days after the date of the filing of the lien statement, a notice of the lien must be mailed by certified mail, return receipt requested, to the owner of the property on which the lien attaches. 4
Any lien provided for by the chapter may be enforced by civil action, and the action must be brought within one (1) year from the time of the filing of the lien with the county clerk. 5
Sources
Any person who performs labor, furnishes material, or leases or rents equipment used on land under an oral or written contract with the owner for the erection, alteration, or repair of a building, improvement, or structure has a lien upon the whole tract of land and its buildings and appurtenances.
A lien claimant must file the lien statement within four (4) months after the date on which material or equipment used on the land was last furnished or labor was last performed under the contract.
A claimant must send a pre-lien notice to the last-known address of the original contractor and an owner of the property no later than seventy-five (75) days after the last date of supply of material, services, labor, or equipment giving rise to lien rights.
No lien affecting property then occupied as a dwelling by an owner is valid unless the pre-lien notice was sent within seventy-five (75) days of the last furnishing of materials, services, labor, or equipment by the claimant.
Within five (5) business days after the date of the filing of the lien statement, a notice of the lien must be mailed by certified mail, return receipt requested, to the owner of the property on which the lien attaches.
An action to enforce the lien must be brought within one (1) year from the time of the filing of the lien with the county clerk.
Frequently asked questions
- Who can claim a mechanics lien in Oklahoma?
- A person who performs labor, furnishes material, or leases or rents equipment used on land under an oral or written contract with the owner for the erection, alteration, or repair of a building, improvement, or structure may claim a lien, and a subcontractor may obtain a lien to the same extent as the original contractor.
- How long do I have to file a mechanics lien statement in Oklahoma?
- An original contractor must file within four (4) months after material or equipment was last furnished or labor was last performed under the contract, while a subcontractor must file within ninety (90) days after material or equipment was last furnished or labor was last performed under the subcontract.
- Is a pre-lien notice required in Oklahoma?
- A claimant must send a pre-lien notice to the last-known address of the original contractor and an owner of the property no later than seventy-five (75) days after the last date of supply of material, services, labor, or equipment giving rise to lien rights. For property then occupied as a dwelling by an owner, the lien is not valid unless that notice was sent within seventy-five (75) days of the last furnishing.
- How long do I have to enforce a mechanics lien in Oklahoma?
- An action to enforce the lien must be brought in the district court within one (1) year from the time of the filing of the lien with the county clerk.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.