Preliminary Notices-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Three different notices: Pre-Lien Notice (Commercial), Homeowner Notice (Homeowner), Notice of Lien for Leased or Rented Equipment (Equipment Rental / Leasing)

Scope: State of Oklahoma, Private Works

Description: The program has, on the project page, a checkbox field called “Equipment”. Some states have different preliminary notices not only for residential work (the Lien Program® presumed default is commercial work), and Oklahoma is the most particular. If you are doing a “Residential” job in Oklahoma, be sure to check the Residential box to get the correct Preliminary Notice form. If you are leasing or renting equipment, be sure to check the “Equipment” checkbox to get that correct form. Otherwise, for Oklahoma the commercial notice will print.

Special Notice: Oklahoma Law provides that any job costing $2500 and above must have the amount of the claim printed on the notice.

Time Constraints: The notice requirement depends on the type of owner:

                 Residential Home Owner (Owner dwells in property): A Homeowner Notice is required in Oklahoma prior to the first supplying of labor, material or equipment.  The notice is sent certified mail the return receipt is evidence of service.  Be sure to check the Residential Job checkbox in the Project tab to generate this notice;

                 Commerical Private Property: A Pre-Lien Notice must be serviced within 75 days of first supplying of labor, material or equipment.  Notice may be hand delivered or by certified mail, return receipt requested. This notice will be printed if none of the checkboxes under the Project tab are checked.

Information Requirements: The information required by program and whether you intend to send an owner cover letter.

Form Types: Notice to Owner, Exhibits A-D (if needed) and Owner Letter (if used).

Procedures: Enter the program data, including additional Legal Parties or Releases for Other Companies. Copies of all of the forms (less the Owner Cover Letter and the Recorder Letter) must be sent to all legal owners, all general contractors, sending a copy to your customer is optional (unless they ARE the owners or general contractors).

When in doubt, file your lien claim immediately.

Important: If you fail to prepare and serve your Notice to Owner before you begin performance, you may lose your right to lien. Mail or serve it immediately after receiving your job information.

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