The Oklahoma Bar Journal June 2024

Although Oklahoma’s lien statutes don’t specifically define ‘sub-subcontractor,’ Oklahoma’s Fair Pay for Construction Act defines a sub-subcontractor as ‘any entity that has a direct contract with another subcontractor to perform a portion of the work under a construction contract.’ 20 A sub-subcontractor is generally treated as a subcontractor.

not a “subcontractor” in a com mercial construction project. Thus, is not a proper lien claimant under statutes on materialmen’s liens. 12 PRE-LIEN NOTICES Effective Nov. 1, 2011, Okla. Stat. 42 §142.6(B)(1) has been amended to provide (with new language italicized): Prior to the filing of a lien state ment pursuant to Section 143.1 of this title, but no later than seventy-five (75) days after the last date of supply of material, services, labor, or equipment in which the claimant is enti tled or may be entitled to lien rights, the claimant shall send to the last-known address of the original contractor and owner of the property a pre-lien notice pursuant to the provisions of this section. Provided further, no lien

building, improvement or structure on the land. An architect’s work need not be the actual work done on the land; however, to be lienable, it must be services which results in work being done on the land.” 10 The court further held: “Phases II and IV of a construction project were never funded or constructed. Thus, Appellant’s architectural services for Phases II and IV, as shown on the statement attached to his lien, were not used to improve this property and were not lienable claims under 42 O.S.1981 § 141.” 11 When 1) a temporary staffing company enters into a contract with its client to provide tempo rary laborers for use on its various commercial construction projects, 2) the contract does not refer to a particular project and 3) the tem porary staffing company provides the client with laborers on an open account, the staffing company is

affecting property then occupied as a dwelling by an owner shall be valid unless the pre-lien notice provided by this section was sent within seventy-five (75) days of the last fur nishing of materials, services, labor or equipment by the claimant. Liens excluded from these requirements are discussed below. Section 143.1 (referenced in the above-quoted language) pertains to “the filing of the lien statement provided for in Sections 142 and 143.” Sections 142 and 143 govern liens by contractors and subcon tractors, respectively. The required contents of a pre-lien notice are set forth in Section 142.6(B)(2). 13 One problematic aspect of this section is that, despite the forego ing reference to Sections 142 and 143 (covering liens by contractors and subcontractors, respectively), the term “claimant” is defined in

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

12 | JUNE 2024

THE OKLAHOMA BAR JOURNAL