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Oklahoma Legislature· HB 4347Second Reading referred to Rules

An act relating to mechanics liens, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                       STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 4347               By: Moore

4

5

6                               AS INTRODUCED

7   An Act relating to mechanics liens; amending 42 O.S.

    2021, Section 143, which relates to liens by or

8   through subcontractors; updating language and

    outline; requiring original contractor to pay

9   property owner's attorney fees and costs when

    subcontractor obtains lien on property if property

10  owner paid original contractor and original

    contractor failed to pay subcontractor; and providing

11  an effective date.

12

13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  42 O.S. 2021, Section 143, is

16 amended to read as follows:

17  Section 143. A. 1. Any person who shall furnish any such

18 material or lease or rent equipment used on said land or perform

19 such labor as a subcontractor, or as an artisan or day laborer in

20 the employ of the contractor, may obtain a lien upon such land, or

21 improvements, or both, from the same time, in the same manner, and

22 to the same extent as the original contractor, for the amount due

23 for such material, equipment and labor, as well as any applicable

24 profit and overhead costs due to the person; and any artisan or day

    Req. No. 14745                                             Page 1
1 laborer in the employ of, and any person furnishing material or

2 equipment used on said land to, such subcontractor may obtain a lien

3 upon such land, or improvements, or both, for the same time, in the

4 same manner, and to the same extent as the subcontractor, for the

5 amount due for such material, equipment used on said land and labor,

6 as well as any applicable profit and overhead costs due to the

7 person, by filing with the county clerk of the county in which the

8 land is situated, within ninety (90) days after the date upon which

9 material or equipment used on said land was last furnished or labor

10 last performed under such subcontract, a statement, verified by

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

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

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

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

15 claimed.

16  2. Immediately upon the filing of such statement the county

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

18 in the journal and in the manner provided for in the preceding

19 section, and in the manner therein specified. Provided further,

20 that the Section 142 of this title.

21  B. 1. The owner of any land affected by such lien shall not

22 thereby become liable to any claimant for any greater amount greater

23 than he or she contracted to pay the original contractor.

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    Req. No. 14745                                                  Page 2
1   2. The risk of all payments made to the original contractor

2 shall be upon such owner until the expiration of the ninety (90)

3 days herein specified, and no owner shall be liable to an action by

4 such contractor until the expiration of said ninety (90) days, and

5 such owner may pay such subcontractor the amount due him or her from

6 such contractor for such labor, equipment used on said land and

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

8 of said amount to the original contractor.

9   3. If such owner paid the original contractor the full amount

10 he or she contracted to pay and the original contractor failed to

11 pay the claimant from said contracted amount, the original

12 contractor shall pay to such owner any attorney fees and costs

13 incurred as a result of the claimant obtaining a lien on such land.

14  SECTION 2. This act shall become effective November 1, 2026.

15

16  60-2-14745      AQH  12/31/25

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    Req. No. 14745                                                 Page 3
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