Fill and Sign the Oklahoma Construction or Mechanics Lien Package Individual Oklahoma Form

© 2016 - U.S. Legal Forms, Inc. OKLAHOMA CONSTRUCTION or MECHANICS LIEN FORMS PACKAGE CONTRACTOR EDITION (sole proprietor) Control Number: OK-P091-PKG U.S. Legal Forms™ thanks you for your purchase of a Construction Lien Forms Package. This package is an important tool to help you with the legal issues that may arise between a contractor who performs services and/or supplies materials or equipment to a property but is not paid for the services/materials/equipment. This package includes state specific forms for a contractor operating as a sole proprietor or individual. TABLE OF CONTENTS I. Form List with descriptions II. Descriptions of Forms III. Tips on Completing the Forms IV. Disclaimer I. FORM LIST With your Construction Lien Package, you will find many of the forms that are necessary to protect your legal rights or claims to secure and enforce a lien on property for unpaid services and/or materials or equipment. Included in your package are the following forms: 1. Claim of Lien by Contractor 2. Notice to Owner 3. Statement of Lien by One Other than the Original Contractor 4. Demand for Lien Waiver 5. Demand for List of Laborers and Material Suppliers 6. Lien Waiver 7. Pre-Lien Notice 8. Notice of Filing Lien Statement 9. Request that Contractor Provide Last Known Address of Owner 10. Assignment of Lien 11. Affidavit of Cancellation of Lien II. DESCRIPTIONS OF FORMS Brief descriptions of the forms contained in your U.S. Legal Forms™ Construction Lien Package are found below. Claim of Lien by Contractor - Any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor, furnish material or lease or rent equipment used on said land shall have a lien upon the whole of said tract or piece of land. 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 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 after the date upon which material or equipment used on said land was last furnished or labor last performed under contract. Notice to Owner - No lien which affects property presently occupied as a dwelling by an owner shall be enforceable unless, prior to the first performance of labor or the first furnishing of materials by the lien claimant, the original contractor, subcontractor, laborer, or materialman shall have provided to one of the owners a written notice. In order to be effective, the notice, or a copy thereof, must be dated and be signed by one of the owners. Statement of Lien by One Other than the Original Contractor - 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, 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. Demand for Lien Waiver - Oklahoma law permits a property owner to issue a written demand to a contractor in which the property owner requests a waiver from all persons providing labor and/or materials. This form also places the contractor on notice that the owner may elect to withhold payment from the contractor in the amount of any claims made by unpaid and unwaived laborers or material suppliers. Demand for List of Laborers and Material Suppliers - Oklahoma law permits a property owner to demand in writing that a contractor provide the property owner with a list of all laborers and material providers, for the purpose of determining if those listed parties have been paid. Lien Waiver - Oklahoma law permits a property owner to issue a written demand to a contractor in which the property owner requests a waiver from all persons providing labor and/or materials. Pre-Lien Notice - This Pre-Lien Notice form is for use by an individual claimant who is entitled or may be entitled to lien rights for the supply of materials, services, labor or equipment supplied for improvements to property to protect the claimant's lien rights for any subsequent supply of material, services, labor, or equipment furnished during the course of the construction project, and provide information to the original contractor and the owner of the property, such as the last known address of the person who requested that the claimant provide the material, services, labor, or equipment. This notice cannot be used if the claimant's claim relates to the supply of material, services, labor, or equipment furnished in connection with a residential project, (a single family or multifamily project of four or fewer dwelling units) or if the dollar amount of the material, services, labor, or equipment furnished or to be furnished does not exceed $2,500.00. This notice must be sent prior to the filing of a lien statement and no later than 75 days after the date of supply of material, services, labor, or equipment. Notice of Filing Lien Statement - This Notice of Filing Lien Statement form is to be mailed by the county clerk within one business day after the date of filing of the lien statement to the owner of the property on which a lien attaches. This notice provides the claimant's name and address, date of filing, name and address of the person against whom the claim is made, legal description of the property, and the amount claimed. Request that Contractor Provide Last Known Address of Owner - This Request that Contractor Provide Last Known Address of Owner form is for use by an individual claimant who is entitled to lien rights for the supply of materials, services, labor or equipment for improvements to property, to request that the original contractor provide to the claimant the name and last-known address of the owner of the described property. If the contractor fails to provide the claimant with the name and address requested within five days from the date of receipt of the request, the pre-lien notice requirement to the owner of the property will be rendered unenforceable. Assignment of Lien - This Assignment of Lien form is for use by an individual lienor who furnished or supplied labor, materials, or laborers for the purpose of improvements to real property such that the lienor is entitled to a lien for the value of labor, materials, or laborers supplied to provide notice that he or she assigns his or her claim and lien to a designated individual, who shall have all the rights and remedies under law to which the lienor is entitled subject to all defenses thereto that might be made if such assignment had not been made, for the purpose of filing and for the enforcement of the lien. Affidavit of Cancellation of Lien - This Affidavit of Cancellation of Lien form is for use by an individual owner of land to state by affidavit that a lien was filed on described property, that no action to foreclose or adjudicate the lien has been instituted within one year of filing the lien and that the lien is therefore cancelled by limitation of law pursuant to 42 O.S. 1995 Supp. §177. If you need additional information, please visit www.uslegalforms.com and look up forms by subject matter. You may also wish to visit our legal definitions page at http://definitions.uslegal.com/ III. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.