Oklahoma § 42-143 - Lien by or through subcontractor

§ 42-143. Lien by or through subcontractor

Any person who shall furnish any such material or lease or rent

equipment used on said land or perform such labor as a

subcontractor, or as an artisan or day laborer in the employ of the

contractor, may obtain a lien upon such land, or improvements, or

both, from the same time, in the same manner, and to the same extent

as the original contractor, for the amount due for such material,

equipment and labor, as well as any applicable profit and overhead

costs due to the person; and any artisan or day laborer in the

employ of, and any person furnishing material or equipment used on

said land to, such subcontractor may obtain a lien upon such land,

or improvements, or both, for the same time, in the same manner, and

to the same extent as the subcontractor, for the amount due for such

material, equipment used on said land and labor, as well as any

applicable profit and overhead costs due to the person, by filing

with the county clerk of the county in which the land is situated,

within ninety (90) days after the date upon which material or

equipment used on said land was last furnished or labor last

performed under such subcontract, a statement, verified by

affidavit, setting forth the amount due from the contractor to the

claimant, and the items thereof, as nearly as practicable, the name

of the owner, the name of the contractor, the name of the claimant,

and a legal description of the property upon which a lien is

claimed. Immediately upon the filing of such statement the county

clerk shall enter a record of the same against the tract index and

in the journal provided for in the preceding section, and in the

manner therein specified. Provided further, that the owner of any

land affected by such lien shall not thereby become liable to any

claimant for any greater amount than he contracted to pay the

original contractor. The risk of all payments made to the original

contractor shall be upon such owner until the expiration of the

ninety (90) days herein specified, and no owner shall be liable to

an action by such contractor until the expiration of said ninety

(90) days, and such owner may pay such subcontractor the amount due

him from such contractor for such labor, equipment used on said land

and material, and the amount so paid shall be held and deemed a

payment of said amount to the original contractor.

Oklahoma Statutes - Title 42. Liens

R.L. 1910, § 3864. Amended by Laws 1957, p. 417, § 1, emerg. eff.

May 29, 1957; Laws 1977, c. 207, § 8, eff. Oct. 1, 1977; Laws 1978,

c. 133, § 4, eff. Oct. 1, 1978; Laws 1980, c. 216, § 3, emerg. eff.

May 30, 1980; Laws 2013, c. 78, § 2, eff. Nov. 1, 2013.