Whether you’re a general contractor (GC), subcontractor, or property owner, understanding Oklahoma lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party’s right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let’s dive into the world of Oklahoma lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
Oklahoma, along with 38 states, doesn’t regulate its lien waivers. Parties can draft them using any form they’d like, include risky contractual provisions—like waiving lien rights before work begins or before payment—and exchange them at any point during the project.
The lack of standardization can cause confusion, especially if it leads construction teams to unknowingly sign their lien rights away. It’s important to understand the ins and outs of Oklahoma lien waivers so you can start your project with confidence. Learn about the sneaky clauses that can live in construction contracts, what makes Oklahoma lien waivers valid, and how lien waiver disputes are handled in the state.
So, here are some of the important “need-to-knows” when handling Oklahoma lien waivers:
- Although the waiver itself is largely unregulated, Oklahoma puts several guardrails in place to help GCs, subs, and suppliers get paid what they’re owed:some text
- Owners need to pay the GC within 28 days of the invoice.
- The GC or subcontractors can stop project work if they haven’t received payment 10 days after the due date.
- Work can only resume once “a change order is issued for the verifiable cost of suspension, delay, and startup.”
- Pay-if-paid clauses are valid here, which means the GC only needs to pay subcontractors if they are paid by the property owner. (We recommend subs negotiate for their removal in favor of a pay-when-paid clause instead.)
Oklahoma does not provide a specific or statutory form.
Oklahoma accepts both conditional and unconditional lien waivers.
Oklahoma accepts both conditional and unconditional lien waivers.
To be considered valid, Oklahoma lien waivers must:
- be in writing
- be signed by the waiving party
- clearly state the amount being waived and the property to which they apply
Oklahoma allows parties to waive lien rights in the contract, even before work begins or materials are furnished.
In Oklahoma, it’s legal to waive lien rights before payment.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers—individually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
Oklahoma doesn’t provide parties with a specific or statutory form. Owners have significant leverage in drafting their own forms, so it’s important to review the lien waiver and job contract in full to protect your right to fair payment.
No specific statutory requirements govern the validity of Oklahoma lien waivers. Here’s how to ensure your lien waiver is valid when doing business in the state:
- It should clearly state the amount being waived and the property to which it applies, and
- It must be signed by the party waiving their lien rights.
Lien waivers in Oklahoma can be exchanged at any time. Advance lien waivers are allowed here, meaning lien rights can be relinquished before project work begins.
Exchange Oklahoma lien waivers based on general construction best practices. They can either be exchanged at specific project milestones with progress pay apps (conditional lien waivers) or once payment is received (unconditional lien waivers). Unconditional lien waivers are binding upon signing, so only exchange them after payment.
To find out which lien waiver type is right for your construction team, review this comprehensive guide.
Oklahoma allows any contractual provision in its job contracts—including those that waive lien rights before materials have been furnished, work has been completed, or payment has been granted.
We recommend against signing any contract with these clauses. Negotiate for their removal and put language in place that protects your lien rights.
Oklahoma doesn’t regulate its lien waivers. It’s up to you to make sure the lien waiver and job contract are crystal-clear in outlining your lien rights if a dispute happens—as this is what the courts will likely look for when settling one.
The first step in any dispute is attempting to negotiate directly with the other party. If this doesn’t prove to be successful, consider consulting with a construction law attorney who is familiar with Oklahoma lien laws.
Even though Oklahoma doesn’t have statutory provisions surrounding lien waivers, there are several resources we’d recommend before digging into the job:
- Oklahoma Statutes, Title 42 – Liens (covers mechanic’s liens)
- Oklahoma Statutes, Title 15, Section 15-820 (covers payment terms)
- Oklahoma Construction Industries Board
- Oklahoma Bar Association Labor and Employment Law Section (log in to join)
- GCPay Lien Waiver Requirements for Every U.S. State
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.