STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 2237	By:	Dorman

AS INTRODUCED

An Act relating to liens; amending 42 O.S. 2011, Sections 142, 142.6, 143 and 150, which relate to mechanics’ and materialmen’s liens; modifying requirements for filing statement; decreasing time for filing statement; correcting statute citations; specifying time for filing statement; removing pre-lien notice exceptions; adding requirement for filing statement; increasing time for filing statement; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     42 O.S. 2011, Section 142, is amended to read as follows:
Section 142.  Any person claiming a lien as aforesaid shall file in the office of the county clerk of the county in which the land is situated a statement setting forth the cause for filing the lien, the amount claimed and the items thereof as nearly as practicable, the names of the owner, the contractor, the claimant, and a legal description of the property subject to the lien, verified by affidavit.  Such statement shall be filed within four (4) months ninety (90) days after the date upon which material or equipment used on said land was last furnished or labor last performed under contract as aforesaid; and if the claim be for the planting of any trees tree, vines vine, plants plant, or hedge, such statement shall be filed within four (4) months ninety (90) days from such planting.  Immediately upon the receipt of such statement the county clerk shall enter a record of the same against the tract index and in a book kept for that purpose, to be called the mechanics’ lien journal, which shall be ruled off into separate columns, with headings as follows:  "When filed", "Name of owner", "Name of claimant", "Amount claimed", "Legal description of property", and "Remarks", and the clerk shall make the proper entry in each column.
SECTION 2.     AMENDATORY     42 O.S. 2011, Section 142.6, is amended to read as follows:
Section 142.6  A.  For the purposes of this section:
1.  "Claimant" means a person, other than an original contractor, that is entitled or may be entitled to a lien pursuant to Section 141 143 of this title; and
2.  "Person" means any individual, corporation, partnership, unincorporated association, or other entity.
B.  1.  Prior to the filing of a lien statement pursuant to Section 143.1 143 of this title, but no later than seventy-five (75) days after the last date of supply of material, services, labor, or equipment in which the lien claimant is entitled or may be entitled to lien rights, the claimant shall send to the last-known address of the original contractor and an owner of the property a pre-lien notice pursuant to the provisions of this section.  Provided further, no lien affecting property then occupied as a dwelling by an owner shall be valid unless the pre-lien notice provided in this section was sent within seventy-five (75) days of the last furnishing of materials, services, labor or equipment by the claimant.
2.  The provisions of this section shall not be construed to require:
a.	a pre-lien notice with respect to any retainage held by agreement between an owner, contractor, or subcontractor, or
b.	more than one pre-lien notice during the course of a construction project in which material, services, labor, or equipment is furnished.
A pre-lien notice sent in compliance with this section for the supply of material, services, labor, or equipment that entitles or may entitle a claimant to lien rights shall protect the claimant’s lien rights for any subsequent supply of material, services, labor, or equipment furnished during the course of a construction project.
3.  Except as otherwise required in paragraph 1 of this subsection, the pre-lien notice requirements shall not apply to a claimant:
a.	whose claim relates to the supply of material, services, labor, or equipment furnished in connection with a residential project.  For the purposes of this subparagraph, the term "residential" shall mean a single family or multifamily project of four or fewer dwelling units, none of which are occupied by an owner, or
b.	whose aggregate claim is less than Ten Thousand Dollars ($10,000.00).
4.  The pre-lien notice shall be in writing and shall contain, but not be limited to, the following:
a.	a statement that the notice is a pre-lien notice,
b.	the complete name, address, and telephone number of the claimant, or the claimant’s representative,
c.	the date of supply of material, services, labor, or equipment,
d.	a description of the material, services, labor, or equipment,
e.	the name and last-known address of the person who requested that the claimant provide the material, services, labor, or equipment,
f.	the address, legal description, or location of the property to which the material, services, labor, or equipment has been supplied,
g.	a statement of the dollar amount of the material, services, labor, or equipment furnished or to be furnished, and
h.	the signature of the claimant, or the claimant’s representative.
5. 4.  A rebuttable presumption of compliance with paragraph 1 of this subsection shall be created if the pre-lien notice is sent as follows:
a.	hand delivery supported by a delivery confirmation receipt,
b.	automated transaction pursuant to Section 15-115 of Title 12A of the Oklahoma Statutes, or
c.	certified mail, return receipt requested.  Notice by certified mail, return receipt requested, shall be effective on the date mailed.
6. 5.  The claimant may request in writing, the request to be sent in the manner as provided in paragraph 5 4 of this subsection, that the original contractor provide to the claimant the name and last-known address of an owner of the property.  Failure of the original contractor to provide the claimant with the information requested within five (5) days from the date of receipt of the request shall render the pre-lien notice requirement to the owner of the property unenforceable.
C.  At the time of the filing of the lien statement, the claimant shall furnish to the county clerk a notarized affidavit verifying compliance with the pre-lien notice requirements of this section.  Any claimant who falsifies the affidavit shall be guilty of a misdemeanor, and upon conviction thereof may be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.
D.  Failure of the claimant to comply with the pre-lien notice requirements of this section shall render that portion of the lien claim for which no notice was sent invalid and unenforceable.
SECTION 3.     AMENDATORY     42 O.S. 2011, Section 143, is amended to read as follows:
Section 143.  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 him for such material, equipment and labor; 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 him for such material, equipment used on said land and labor, 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 cause for filing the lien, 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.

SECTION 4.     AMENDATORY     42 O.S. 2011, Section 150, is amended to read as follows:
Section 150.  Any person claiming a lien as aforesaid shall file in the office of the county clerk of the county in which the land or property is situated, a statement setting forth the cause for filing the lien, the amount claimed and the items thereof, as nearly as practicable, the names of the managers, lessees, sublessees, operators, mortgagees, trustees and beneficiaries under trusts, or owners, the contractor, the claimant and the legal description of the property, subject to such lien and verified by affidavit.  Such statement shall be filed within forty-five (45) ninety (90) days after the date upon which such labor was last performed.  Upon receipt of such lien statement, the clerk shall enter same against the tract index and in a record kept for that purpose, to be called the mechanics’ lien journal.  Except as provided herein, the provisions of Sections 92 through 96 and 141 through 147 146 of this title shall apply with reference to the liens herein created.
SECTION 5.  This act shall become effective November 1, 2013.

54-1-5974	EK	12/27/12