Materialmen Lien Law – Q&A
What if someone doesn’t pay for work done to their property? When that happens (even before that happens), there are certain things and timelines that come into play. Since this type of situation is all too common and affects everyone in the business world – it’s probably good information for everyone. Hopefully, this month’s article on materialmen lien law proves helpful to contractors, bankers, lenders (and other creditors), those in title insurance, landlords, tenants, realtors and many other fields.
Materialmen Lien Law – Q&A
1. Are there any prerequisites to later filing a lien on a job?Yes, depending on the facts, a lien cannot later be filed on someone’s property (including a tenant) for non-payment of work unless certain things were done beforehand.
2. What facts create prerequisites? If the person performing the work is a subcontractor.
3. If the person or entity performing the work is a subcontractor, what timelines must that subcontractor be aware of? That subcontractor must “pre-lien the job” (which means mail a certain notice to the property owner or landlord) within 75 days of performing the last work or providing the last materials at such job – unless it’s a residential job. Furthermore, a lien must also later be filed upon such property within 90 days of such last date of work or provided materials.
4. What if the person or entity performing the work is a general contractor? In such an event, there is no pre-lien requirement.
5. As a general contractor with no pre-lien requirement, is there still something that must be done if a job goes unpaid? Yes. A lien must still be filed on the job by no later than 4 monthsafter such last date of work or provided materials.
6. Once a lien is filed (whether as a subcontractor or general contractor), what is the timeframe within which foreclosure of such lien must be sought, or lost? 1 year.
Raising Your Intellectual Property IQ – Part 2
First, what is the purpose of, and what are, service marks (SM)?
ANSWER: They are a legal creation which identify the services provided by a person or entity in their course of business.
Second, what is the purpose of, and what are, trademarks (TM)?
ANSWER: They are a legal creation which identifies the creation of something. This “something” can include, but isn’t limited to, any sort of product, idea, mathematical formula, recipe, thought, song, movie, film, name, technology, algorithm, derivative, sound, noise, packaging and/or symbol, brand or logo. None of these things are mutually exclusive either. So, any combination of the above can be trademarked and then constitute a single TM.
Third, can something that is a TM also be part of a SM, and vice versa?
ANSWER: Yes. A SM can include certain elements that are TM, like a logo or branded name or symbol. For example, a taxi cab company, which provides services to the public, can have a SM of its name, “Friendly Taxi,” which includes its logo of a uniquely shaped, small, red and yellow taxi cab with green little tires – which the company trademarked as its brand and logo and then put on its website, internet service app, t-shirts, mugs and online directory with the local Better Business Bureau (BBB) and Chamber of Commerce – as their readily identifiable brand and logo.
Fourth, what’s the big picture of SM’s and TM’s?
ANSWER: Remember, that both SM and TM, while different, are both forms of intellectual property. Accordingly, each type of legal creation can be owned by some person or entity to the exclusion of other persons and entities once a legal process has been completed.
McGirt Decision Q&A – Indian Law Update
We’ve all heard at least a little about the recent Supreme Court ruling on the McGirt case last July – which involves a look into the current Indian law landscape. Whether or not you own real property, you should know something about it…. A thank you goes out to my own Gena Timberman, Esquire, a Choctaw tribal member, for having access to the information below which was provided from the Choctaw Nation and The 5 Civilized Tribes on this subject matter.
McGirt Decision Q&A / Indian Law Update
- Does the McGirt ruling mean that the Choctaw Nation will become a reservation? The Supreme Court’s ruling in McGirt is specifically about the Muscogee (Creek) Nation and clearly establishes that the Muscogee (Creek) Nation’s treaty territory is a reservation. The decision also strengthens the Choctaw Nation’s position that it has and has always had a reservation.
- Does this ruling mean that Indian people who are in State prison will automatically be released? No. Today’s decision from the Court will not result in any prisoner’s automatic release. Any challenged conviction will be evaluated on its own merits and there are many other laws that could prevent a state prisoner from being retried. Any person whose conviction may be affected by today’s ruling will either remain in prison or face re-prosecution and re-incarceration by federal or tribal authorities.
- If I live within Choctaw Nation and an emergency arises, do I still call 911? Yes. Federal, tribal, state, and local officials already have many agreements in place to ensure that emergency response will continue to be handled the same way and that those committing criminal acts—whether they are tribal members or not—can be arrested by law enforcement to maintain law and order. Police protection and emergency response will continue to be provided for all.
- Who will prosecute crimes that occur within Choctaw Nation? No person within the Choctaw Nation—whether they are a tribal member or not—is above the law. Generally, tribal members who commit crimes will be subject to federal or tribal prosecution, and non-tribal members will remain subject to state prosecution.
- Does this decision mean non-Natives no longer own their homes or other property if they live within the boundaries of the Choctaw Nation? No.Today’s decision has no effect whatsoever on anyone’s ownership of property, and all existing contracts, leases, and title to property remain as they were before this decision. State law remains applicable for the most part especially with respect to persons who are not members of the Choctaw Nation (or another tribe) and on lands not owned by the tribe or tribal members.
- Does this ruling change the boundaries of the state of Oklahoma? No, Oklahoma’s boundaries are not changed by any aspect of today’s ruling. The Muscogee (Creek) treaty territory remains part of Oklahoma, as does the treaty territory of every tribe in Oklahoma. Everyone living within the boundaries of those treaty territories, Indian and non-Indian, remains a citizen of Oklahoma and their rights and responsibilities as Oklahoma citizens, including voting, schooling, and many other rights guaranteed by state law, remain the same.
- Will this ruling change any existing agreements between the State of Oklahoma and the Choctaw Nation? No. All existing agreements between the Nation and the State regarding issues such as hunting and fishing will remain in effect.
- Is this decision related to the Tribes’ dispute with the Governor over the gaming compact? No. This has nothing to do with the gaming compact. It stems from appeals from Creek citizens who were convicted of crimes in state court and should have been tried in federal court. This litigation arose before the gaming compact dispute and will have no impact on it.
What My Clients Are Saying
“I have been extremely pleased with the legal services provided by Chris. He is an expert on real estate issues; devotes immediate attention to our needs and follows through with all required action. I look forward to a continuing relationship with Chris.”
Harrison Levy / Oklahoma City, Oklahoma
Site Search
Chris Griswold Blog
- Business Issues & Business Transactions (73)
- Estate Planning (11)
- Intellectual Property Issues (2)
- McGirt Decision (2)
- Real Estate & Leasing (19)
- Service Animal Info (1)
Affiliates
12101 N. Meridian Avenue
Oklahoma City, OK 73120
405.229.7595 (Oklahoma Office)
DALLAS OFFICE
6505 West Park Blvd.
Suite 306-113
Plano, TX 75093
972.955.0453 (Texas Office)
[email protected]
"Getting Your Deal Done"