Howard Berkson is a dedicated, practical, and detail-oriented construction attorney licensed to practice in Oklahoma. He graduated from the University of Tulsa College of Law with Honors in 2013. While there, he received awards for highest grade in trial practice, legal research, and civil procedure. Berkson is licensed to practice law in all state and federal district courts in Oklahoma as well as in the federal Tenth Circuit Court of Appeals.
Prior to becoming an attorney, Howard Berkson held executive positions involving a wide range of business and human resources management functiMore...More...
Hi there - According to the facts you provide, you cannot file a M&M lien because the deadline has come and gone. Under Oklahoma law, liens are statutory creatures, which means any failure to comply with the statutes will render a lien invalid. However, there are causes of action for suing the homeowner and the contractor. You should connect with an attorney in the county where the worksite is located. See More...
As an employee of the GC, the answer is definitely no. If you were a contractor for the GC, then you may qualify as a sub entitled to place a lien. If you were an employee, then you can sue the GC for unpaid wages. If you were a sub and your time to place the lien or to comply with notification requirements has lapsed, you can sue the GC for breach of contract. See More...
The notice requirements are different depending on if you are the GC or a sub. Unless the recipient is on a construction loan, I normally go straight to the underlying claim in a lawsuit. Levelset has a good FAQ on oklahoma M&M lien procedures. See More...
I have taken two verbal contracts to civil jury trial and won: it can be done. The key is whether there is any evidence of what was in your agreement. On one hand, we know there was an agreement because you did work and they gave you money. On the other hand, we don't know if there is any witness or record of the terms of your agreement. If you have witnesses to the handshake deal, you might be able to get somewhere. There are legal claims you cSee More...See More...
The first question is whether your lien is valid, meaning whether you have complied with all the steps in the process and then filed it in land records. The process is different if you are the general contractor or a subcontractor. If you did everything right, your next legal step is to sue. You can sue on the contract or foreclose on the lien OR BOTH - it's only an election of remedies. You can do both, but you only get the benefit of one. Since the ownSee More...See More...