PRE-LIEN NOTICE / NOTICE TO OWNER

(Oklahoma Mechanics & Materialmen’s Lien Act – 42 O.S. §§ 141–153)

[// GUIDANCE: This is a statutory notice, not a contract. Keep the form concise and do not add contractual terms that could be construed as altering the statutory scheme. All bracketed items must be completed before service.]

I. DOCUMENT HEADER

1. Effective Date: [DATE]
2. Claimant: [CLAIMANT LEGAL NAME, TYPE OF ENTITY, & OKLAHOMA SOS FILE # (if any)]
3. Owner(s) of Record: [OWNER LEGAL NAME(S)]
4. General/Prime Contractor (if not Claimant): [GC NAME]
5. Project: [PROJECT NAME OR SHORT DESCRIPTION]
6. Project Address / Legal Description: [STREET ADDRESS, CITY, COUNTY, STATE, ZIP]
   • Legal Description (attach Exhibit “A” if lengthy): [LEGAL DESCRIPTION]

II. DEFINITIONS

For purposes of this Notice:

“Claimant” means the person or entity identified in Section I.2 that furnished labor, materials, or equipment to the Project.

“Owner” means the record owner(s) of the real property identified in Section I.3 at the time labor, materials, or equipment were furnished.

“Last Date of Work” means the [MM/DD/YYYY] on which Claimant last supplied labor, materials, or equipment to the Project.

“Pre-Lien Notice” (or “Notice”) means this written notice required by 42 O.S. § 142.6 and, where applicable, § 143.1.

III. OPERATIVE PROVISIONS

3.1 Notice of Furnishing & Amount Claimed

Pursuant to 42 O.S. § 142.6 (owner-occupied residential) and/or § 143.1 (commercial projects with an aggregate Claim exceeding $10,000.00), Claimant hereby states:

a. Nature of Work/Materials: [DETAILED DESCRIPTION]
b. Last Date of Work: [LAST DATE OF WORK]
c. Contracting Party: [NAME OF PARTY WITH WHOM CLAIMANT CONTRACTED]
d. Amount Due & Owing: $[AMOUNT] (exclusive of accruing interest, costs, and attorney fees)

3.2 Statutory Warning Language

[// GUIDANCE: Insert the exact statutory warning verbatim from 42 O.S. § 142.6(B)(3) or § 143.1(E)(3), as applicable. Example provided below—confirm against current statute before use.]

WARNING: THIS IS NOT A LIEN. THIS NOTICE IS PROVIDED TO PRESERVE LIEN RIGHTS. IF THE CLAIM STATED BELOW IS NOT PAID IN FULL, THE CLAIMANT NAMED ABOVE MAY FILE A LIEN AGAINST YOUR PROPERTY EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. TO AVOID A LIEN, YOU SHOULD (1) VERIFY THAT YOUR CONTRACTOR HAS PAID THE CLAIMANT, OR (2) WITHHOLD FROM YOUR CONTRACTOR SUFFICIENT FUNDS TO PAY THE AMOUNT CLAIMED UNTIL THE DISPUTE IS RESOLVED.

3.3 Intent to File Lien

If the Amount Due is not paid within [10] days of receipt of this Notice, Claimant intends to record a mechanic’s and materialmen’s lien against the Property for the unpaid balance, together with allowable interest, costs, and attorney fees.

3.4 Service of Notice

This Notice is being served on the Owner(s) (and, if applicable, the General Contractor and any record Mortgagee) by one or more of the following statutory methods (check all that apply):

☐ Certified Mail, return-receipt requested, addressed to the Owner’s last-known address
☐ Personal delivery by a licensed process server
☐ As otherwise permitted under the Oklahoma Pleading Code, 12 O.S. § 2004

Proof of service will be retained by Claimant and filed with any subsequent lien statement.

IV. REPRESENTATIONS & WARRANTIES

The undersigned signatory represents and warrants that he or she is duly authorized to execute and deliver this Notice on behalf of the Claimant and that the information contained herein is true and correct to the best of his or her knowledge after reasonable inquiry.

V. COVENANTS & RESTRICTIONS — Reserved

[// GUIDANCE: Not applicable to statutory notices.]

VI. DEFAULT & REMEDIES

Failure to satisfy the Amount Due within the time specified in Section 3.3 will constitute default under the Oklahoma Mechanics & Materialmen’s Lien Act, entitling Claimant to:

1. File and record a lien within statutory deadlines;
2. Foreclose the lien through judicial proceedings;
3. Recover interest, reasonable attorney fees, and court costs as allowed by 42 O.S. § 176; and
4. Pursue any other remedy available at law or in equity.

VII. RISK ALLOCATION

Limitation of Liability: Claimant’s lien liability is statutorily capped at the value of labor, materials, or equipment actually furnished and incorporated into the Project, not to exceed the “work-performed value” (see metadata).

[// GUIDANCE: Statutory lien rights cannot be prospectively waived in Oklahoma—42 O.S. § 143.3.]

VIII. DISPUTE RESOLUTION

1. Governing Law: Oklahoma law (Title 42) governs all lien rights asserted herein.
2. Forum Selection: Exclusive jurisdiction and venue for any lien foreclosure or related action shall lie in the [NAME OF COUNTY] County District Court, State of Oklahoma.
3. Jury Waiver / Arbitration: Not applicable (statutory proceeding).
4. Injunctive Relief: Claimant reserves the right to seek injunctive or equitable relief as necessary to protect or enforce its statutory lien rights.

IX. GENERAL PROVISIONS

9.1 Entire Notice. This Notice is intended to satisfy the pre-lien notice requirements of Oklahoma law and contains the entire notice required for that purpose.

9.2 Amendments. Any amendment must comply with Oklahoma statutes and shall be served in the same manner as this Notice.

9.3 Severability. If any portion of this Notice is held invalid or unenforceable, the remainder shall remain in full force to the maximum extent permitted by law.

9.4 Counterparts; Electronic Signatures. This Notice may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned, being duly authorized, executes and delivers this Pre-Lien Notice as of the Effective Date first written above.

STATE OF OKLAHOMA )
: ss.
COUNTY OF [COUNTY] )

Before me, the undersigned Notary Public, personally appeared [SIGNATORY NAME], who, being duly sworn, stated that (s)he executed the foregoing Pre-Lien Notice on behalf of the Claimant and that the statements contained therein are true and correct to the best of his/her knowledge and belief.

Witness my hand and official seal this ___ day of ____, 20__.

Notary Public

My Commission Expires: _
Commission No.: _

EXHIBIT “A”

Legal Description of Project Property
[Attach if legal description is longer than one (1) paragraph.]

[// GUIDANCE:
1. Strictly calendar the 75-day statutory deadline from the Last Date of Work to serve this Notice.
2. For owner-occupied residential property, service on the Owner must occur within 75 days (42 O.S. § 142.6).
3. For non-residential property where the aggregate claim exceeds $10,000, serve within 75 days under 42 O.S. § 143.1.
4. After service, retain the signed return receipt (or affidavit of service) with the project file.
5. The lien statement itself must be filed within (a) 90 days after the Last Date of Work for non-residential projects, or (b) 4 months for residential, measured per statute.
6. Verify the statutory language in Section 3.2 against the most current Oklahoma session laws before finalizing.
]