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.
Notes of Decisions
Knapp v. Arko Interstate Elec. Co., 448 P.2d 996 (Okla. 1968).
· cites it 13× “This appeal is concerned with a judgment of the District Court of Muskogee County establishing liens claimed under the provisions of 42 O.S.1961, § 143 against certain real property located in that county.”
McGlumphy v. Jetero Const. Co., Inc., 593 P.2d 76 (Okla. 1978).
· cites it 3× “Lasater adopts the same positions as Jetero and Travelers except as to Lasater’s recovery; there contending, breach does not bar recovery for unpaid, but performed work.”
Murphy Oil USA Inc v. Trivental Inc, 438 F.3d 1008 (10th Cir. 2006).
“From all appearances, Mustang complied with Okla. Stat. tit. 42, § 143 's notice and perfection procedures, and the lien claim was timely filed.”
Liberty Plan Co. v. Francis T. Smith Lumber Co., 360 P.2d 500 (Okla. 1961).
· cites it 2× “Since plaintiff asserts its material-man’s lien as a subcontractor, notice in writing to the owner was required under the provisions of 42 O.S.Supp.1957 § 143. Notice by registered mail is sufficient to satisfy this statutory requirement.”
Welling v. Am. Roofing & Sheet Metal Co., 617 P.2d 206 (Okla. 1980).
“42 O.S.1971, § 143. The court further found, however, that the defendant was really a contractor to the $2,700 re-roofing portion, and established a lien for that amount, as the statement was filed within the 120 days allowed a contractor, 42 O.”
Cashway Lumber Co. v. Langston, 479 P.2d 582 (Okla. 1970).
· cites it 3× “We hold that Joe Brown Company is entitled to obtain a lien, 42 O.S.1961, § 143, and reverse No. 42,582.”
Jones v. Purcell Investments, LLC, 2010 OK CIV APP 15 (Okla. Civ. App. 2009).
“Thus, 42 O.S. § 143 allows the subcontractors to file their lien claims up to 90 days after the job is completed.”
Spartan Petroleum Corp. v. Curt Brown Drilling Co., 446 P.2d 808 (Okla. 1968).
· cites it 4× “Defendants contend the lien claims were not timely filed as required by 42 O.S.1961, § 143. Defendants’ theory for reversal appears to be bottomed on their analysis of the facts, which defendants construe as follows: Spartan Petroleum Corporation entered a written contract with…”
Duncan v. Neal (In Re Neal), 324 B.R. 365 (Bankr. W.D. Okla. 2005).
“Under Oklahoma law, one who furnishes material or labor to a contractor may obtain a lien by filing a sworn statement of lien in the county clerk’s office within 90 days after the material or labor was furnished.”
Anchor Concrete Co. v. Victor Sav. & Loan Ass'n, 664 P.2d 396 (Okla. 1983).
“Finally, Subcontractor’s argument against the award of attorney’s fees to Owner rests on Subcontractor’s conviction that since it would prevail on appeal, the attorney’s fees awarded in the court below could not stand.”
Am.-First Title & Trust Co. v. Ewing, 403 P.2d 488 (Okla. 1965).
“Under the above circumstances, a sub-contractor’s rights, although statutory (See Title 42 O.S.1961, § 143), do not accrue by virtue of his performing labor or furnishing materials under a contract with the owner, but by virtue of a contract with the general contractor whose…”
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