Pre-lien Notice / Notice to Owner - Oklahoma

PRE-LIEN NOTICE / NOTICE TO OWNER

(Oklahoma Private Construction — 42 O.S. § 142.6)

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.

III. OPERATIVE PROVISIONS

3.1 Applicability and Amount Claimed

For § 142.6, a “claimant” is a person other than an original contractor who is or may be entitled to a lien under § 141. A claimant must send the notice before filing the lien statement and no later than 75 days after the last lienable supply. The residential and under-$10,000 exceptions do not override the statute's owner-occupied-dwelling rule.

Use this checklist:

☐ Claimant is not an original contractor.
☐ Property is occupied as a dwelling by an owner — timely notice is required for a valid lien.
☐ Property is not owner occupied, but aggregate claim is $10,000 or more and the project is not the exempt residential project described below.
☐ Exempt residential project: single-family or multifamily project of four or fewer dwelling units, none occupied by an owner.
☐ Aggregate claim is less than $10,000 and the owner-occupied rule does not apply.

Claim information:

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. Dollar Amount Furnished or to Be Furnished: $[AMOUNT]

3.2 Required Notice Content

This document is a PRE-LIEN NOTICE. Include:

• complete name, address, and telephone number of the claimant or representative;
• date of supply;
• description of material, services, labor, or equipment;
• name and last-known address of the person who requested the supply;
• property address, legal description, or location;
• dollar amount furnished or to be furnished; and
• claimant or representative signature.

3.3 Deadline Record

Last lienable supply date: [DATE]

75-day notice deadline: [DATE]

Date notice sent: [DATE]

The notice must precede the lien statement. Sending this notice does not extend the lien-statement deadlines. Section 142 generally states a four-month period for an original-contractor statement; § 143 governs the shorter subcontractor process. Counsel must calculate the applicable deadline.

3.4 Service of Notice

Send the notice to the last-known address of the original contractor and an owner of the property. The following methods create the statutory rebuttable presumption of compliance:

☐ Hand delivery supported by a delivery-confirmation receipt
☐ Automated transaction under 12A O.S. § 15-115
☐ Certified mail, return receipt requested — effective on the date mailed

At lien-statement filing, § 142.6 requires a notarized affidavit verifying compliance. Retain complete proof of sending and delivery. A claimant may request the owner's name and address from the original contractor using a listed delivery method; failure to respond within five days can make the owner-notice requirement unenforceable.

IV. EXECUTION BLOCK

The undersigned signs this Pre-Lien Notice on [DATE].

EXHIBIT “A”

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

Sources and References

• Current Oklahoma Statutes, Title 42: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os42.pdf
• Official Oklahoma Statutes, § 142.6: https://govt.westlaw.com/okjc/Document/NB40997718E0A11F0A26CEF304F15790C
• Official Oklahoma Statutes, § 142: https://govt.westlaw.com/okjc/Document/N79D7AFF0C76E11DB8F04FB3E68C8F4C5
• Official Oklahoma Statutes, § 143: https://govt.westlaw.com/okjc/Document/N7BB5E5D0C76E11DB8F04FB3E68C8F4C5