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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4347 By: Moore
AS INTRODUCED
An Act relating to mechanics liens; amending 42 O.S.
2021, Section 143, which relates to liens by or
through subcontractors; updating language and
outline; requiring original contractor to pay
property owner's attorney fees and costs when
subcontractor obtains lien on property if property
owner paid original contractor and original
contractor failed to pay subcontractor; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 42 O.S. 2021, Section 143, is
amended to read as follows:
Section 143. A. 1. 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
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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.
2. 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 and in the manner provided for in the preceding
section, and in the manner therein specified. Provided further,
that the Section 142 of this title.
B. 1. The owner of any land affected by such lien shall not
thereby become liable to any claimant for any greater amount greater
than he or she contracted to pay the original contractor.
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2. 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 or her 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.
3. If such owner paid the original contractor the full amount
he or she contracted to pay and the original contractor failed to
pay the claimant from said contracted amount, the original
contractor shall pay to such owner any attorney fees and costs
incurred as a result of the claimant obtaining a lien on such land.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14745 AQH 12/31/25