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.
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.
Structure Oklahoma Statutes
§42-4. Special lien - Prior lien.
§42-8. Lien on future interest.
§42-9. Lien to take immediate effect.
§42-10. Lien transfers no title.
§42-11. Contracts for forfeiture of property and restraining redemption.
§42-12. Lien does not imply obligation.
§42-13. Extent of lien limited.
§42-14. Holder of lien not entitled to compensation.
§42-15. Priority of liens according to date.
§42-16. Priority of mortgage for price of realty.
§42-17. Order of resort for payment of prior liens.
§42-18. Persons entitled to redeem lien - Federal right of first refusal - Rule of construction.
§42-19. Holder of inferior lien - Redemption.
§42-20. Redemption - How made.
§42-21. Lien is an accessory obligation.
§42-22. Sale or conversion of property extinguishes lien.
§42-24. Partial performance as extinguishing lien.
§42-25. Voluntary restoration as extinguishing lien.
§42-26. Vendor's lien for price of realty.
§42-27. Waiver of vendor's lien.
§42-28. Validity of liens of vendors and purchasers.
§42-30. Lien of purchaser of real property.
§42-33. Special lien of officer levying attachment or execution.
§42-43. Hospital liens in personal injury cases - Priority - Exception.
§42-44. Filing of notice of lien - Enforcement by civil action.
§42-45. Insurance agent's lien.
§42-47. Provider of seed, chemicals, pesticides, herbicides or fertilizer - Agricultural lien.
§42-49. Ambulance service provider liens.
§42-90. Notice preparers to register and submit annual fee.
§42-91.1. Abandoned vehicle auctions – Exemption from fees and taxes.
§42-91.2. Liens on farm equipment.
§42-92. Laborer's lien on products of labor.
§42-98. Filing of statement of lien with county clerk - Innocent purchasers.
§42-99. Priority of mortgage liens.
§42-100. Foreclosure of liens.
§42-101. Sale, disposal or removal of property covered by lien - Punishment.
§42-102. Discharge of lien when satisfied.
§42-104. Enforcement and foreclosure of liens on farm equipment.
§42-111. Persons entitled to liens - Commencement of lien.
§42-112. Filing statement of lien in office of county clerk - Right to lien as against purchaser.
§42-113. Priority of mortgage liens - Liability of mortgagee consenting in writing.
§42-114. Statement furnished owner by thresher - Forfeiture on failure to comply.
§42-116. Sale for purpose of paying threshing or combining bill.
§42-117. Selling in violation of lien.
§42-118. Satisfaction of lien - Discharge - Record - Duty of holders.
§42-120. Statement to be furnished owner or person in charge - False statements as to law.
§42-121. Removal of grain or seed with fraudulent intent - Fraudulent appropriation.
§42-131. Lien provided for work.
§42-132. Procedure to perfect lien.
§42-141. Right to lien - Priority - Enforceablility against property - Constructive notice.
§42-141.1. Transfer of records, funds, and powers and duties to county clerk.
§42-142. Statement to be filed.
§42-142.4. Fraudulent statement - Felony.
§42-142.6. Pre-lien notice - Requirements – Affidavit - Penalties.
§42-143. Lien by or through subcontractor.
§42-143.1. Notice - Filing of lien statement - Fees.
§42-143.3. Leased or rented equipment - Exemption from act.
§42-143.4. Leased or rented equipment - Property used for production of oil or gas.
§42-144. Oil and gas well liens.
§42-144.1. Effectiveness of lien against purchaser - Delivery of copy of statement of lien.
§42-144.2. Trust funds for payment of lienable claims.
§42-145. Oil and gas well lien by or through subcontractor.
§42-146. Enforcement of lien on oil and gas wells.
§42-148. Lien on mining property for work thereon.
§42-149. Suit within one year.
§42-151. Lightning rods not included herein.
§42-153. Payment of lienable claims.
§42-161. Right to lien against railroads.
§42-174. Consolidation of actions and stay of trial.
§42-175. Sale of property after judgment.
§42-177. Suit by owner to determine lien and cancellation of lien on docket.
§42-178. Proceeds insufficient.
§42-180. Liens against manufactured homes – Repossession - Notice.
§42-193. Applicability of Article 7 of Commercial Code.
§42-194. Duty of care - Disclosure.
§42-195. Default by occupant - Prevention of access - Liability for damage to property.
§42-196. Lien - Date of attachment - Disclosure of other lienholders.
§42-197. Priority - Enforcement - Notice - Sale of property.
§42-197.1. Abandonment or surrender – Possession – Disposal – Notice.
§42-198. Residential use prohibited.
§42-199. Other rights not impaired or affected.
§42-203. Real estate broker lien - Attachment.
§42-204. Notice of lien - Mailing.
§42-205. Suit to enforce lien - Extinguishment of lien.