A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Oklahoma's mechanic's lien laws to help you protect your right to payment.
Notice to Owner required before work begins on owner-occupied residential projects only
Not required for all other projects
Required within 75 days of last furnishing for (1) non-residential claims $10,000+ and (2) all owner-occupied projects
Required within 75 days of last furnishing for (1) non-residential claims $10,000+ and (2) all owner-occupied projects
Not required
Not required
Not required
Within 4 months of last furnishing of labor or materials
Within 90 days of last furnishing of labor or materials
Within 90 days of last furnishing of labor or materials
Within 1 year of the lien’s filing date
Within 1 year of the lien’s filing date
Within 1 year of the lien’s filing date (or 8 months for a specific Laborer's Lien, under O.S. §42-95)
Unpaid contract balance
Unpaid value of labor, materials, and equipment
Unpaid wages for labor performed
Oklahoma mechanic's lien rights are governed by Oklahoma Statutes Title 42, Sections 141–180. These laws apply only to private property improvements. (Public projects cannot be liened; payment disputes on public work are handled through Public Competitive Bidding Act bond claims.)
Oklahoma operates a pre-lien notice system that varies by role, claim amount, and project type. Understanding which notice rules apply to your situation is essential for preserving your lien rights. The table below outlines the rules by role.
In Oklahoma, mechanic’s lien rights extend to parties who furnish labor, services, or materials for a private improvement, including:
- General (original) contractors
- Subcontractors of any tier
- Material suppliers
- Laborers, artisans, and day laborers
- Architects, engineers, and surveyors (when services result in an improvement)
- Landscapers providing trees, vines, plants, or hedges
- Equipment lessors (subject to property-type restrictions)
To qualify for a mechanic’s lien in Oklahoma, the work must contribute to a permanent improvement of real property under a contract with the owner or the owner’s agent (Okla. Stat. tit. 42, § 141).
Here are some examples of what qualifies as lienable work and what doesn’t.
Lienable Work in Oklahoma
- Erection, construction, alteration, or repair of buildings or structures
- Installation of fixtures, machinery, or attachments
- Labor and materials used on the project
- Equipment rented or leased for use on the land (with exceptions)
- Landscaping, including planting trees, vines, plants, or hedges
- Architectural and engineering services tied to the improvement
- Contractual profit and overhead costs
Non-Lienable Work in Oklahoma
- Work on public projects
- Lightning rod installation
- Equipment rentals on homestead or agricultural property
- Work performed without the owner's consent
- Purely administrative or non-construction-related services
Before filing, confirm whether any pre-lien notice requirements apply to your claim (see table above).
Deadline to File
- General contractors: Within four months after the date on which material or equipment was last furnished or labor last performed under contract.
- Subcontractors, suppliers, and laborers: Within 90 days after the date on which material or equipment was last furnished or labor last performed under the subcontract.
Filing Requirements
- Filing location: File the lien statement with the county clerk in the county where the land is located.
- Form requirements: Oklahoma doesn’t provide a statutory lien statement form, but it still must include:
- Amount claimed with itemization
- Name of owner, contractor, and claimant
- Legal description of the property (a street address alone is insufficient)
- Owner's last-known mailing address
- If the claimant submitted a pre-lien notice at the start of the project, they must attach a notarized Affidavit of Compliance with the lien filing.
- Verification: Lien statement must be signed and verified under oath.
- Filing fee: Varies by county.
Service Requirements
Within five business days after filing, the county clerk must mail notice of the lien to the owner by certified mail, return receipt requested (Okla. Stat. tit. 42, § 143.1).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Oklahoma.
Enforcement Requirements
- Enforcement deadline: You must bring the enforcement action within one year of the lien filing date.
- Filing location: Enforcement actions are filed with the district court of the county where the property is located.
- Lien priority: Priority is determined by the court during enforcement, but properly perfected mechanic’s liens generally relate back to the date of first furnishing labor or materials.
Lien Release Requirements
Once payment is made or the claim is otherwise resolved, the claimant must record a written release or satisfaction with the county clerk.
If an enforcement action isn’t filed within the statutory period, the owner may record an affidavit canceling the lien by operation of law (Okla. Stat. tit. 42, § 177).
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Oklahoma’s mechanic’s lien statutes do not expressly prohibit an unlicensed contractor from filing a lien. However, if the work performed required a license and the contractor was not properly licensed, that issue can significantly affect the enforcement of the lien.
Yes. Oklahoma lien rights extend beyond the original contractor; subcontractors and other lower-tier claimants have lien rights.
In an enforcement action filed by a subcontractor (or other non-original contractor), Oklahoma also requires the original contractor to be included as a defendant (Okla. Stat. tit. 42, § 173).
No, Oklahoma’s lien filing deadlines are fixed.
No. Oklahoma law does not require a formal Notice of Intent to Lien before recording the actual lien statement.
Sometimes. Oklahoma only requires a preliminary notice in certain situations:
- General contractors on owner-occupied residential jobs must send a Notice to the Ownerbefore work begins.
- Subcontractors, suppliers, and laborers must send a pre-lien notice within 75 days after last furnishing if:
- the claim exceeds $10,000 on a non-residential project, or
- the project is an owner-occupied residential project (any amount).
If you’re required to send a pre-lien notice, you must also file a notarized Affidavit of Compliance together with the lien statement under Okla. Stat. tit. 42, § 142.6(C).
Failing to send a required pre-lien notice can limit or eliminate lien rights.
There is no statutory lien waiver form in Oklahoma, so parties are free to use any format they choose. We recommend brushing up on the specific rules in our Oklahoma lien waiver guide before your next project.
In Oklahoma, a mechanic’s lien may include the unpaid contract amount for lienable labor, materials, services, or equipment furnished to the project. Unlike many states, Oklahoma expressly allows profit and overhead to be included in the lien amount when they are part of the contract price.
However, a lien may not include amounts for:
- Attorney’s fees
- Interest or finance charges (unless later awarded by a court)
- Consequential or delay damages
- Purely administrative or non-lienable costs
Overstating a lien can jeopardize enforceability and expose the claimant to challenges.
No. Oklahoma does not require a written contract to file a mechanic’s lien. Lien rights may arise from written, oral, or implied contracts. That said, a written contract is strongly recommended, as it makes it easier to prove scope, pricing, and the amount owed if the lien is challenged.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.