Biantrav Contractor, LLC v. Condren

Summary

The Oklahoma Supreme Court assumed original jurisdiction and granted a writ of prohibition concerning the effectiveness of an amended mechanic's and materialman's lien. The Court held that an amended lien statement, including an amendment increasing the amount claimed, may be filed within the 90-day statutory period under 42 O.S. § 143 and is not prohibited by 42 O.S. § 172.

Holdings

1. An amended lien statement filed within the ninety-day period prescribed by 42 O.S. Supp. 2013, § 143 may amend the amount claimed and is not prohibited by 42 O.S. 2011, § 172.
2. A writ of prohibition was appropriate to prevent enforcement of the district court's judgment because that judgment rested on an erroneous legal conclusion concerning the effectiveness of the amended lien.

Questions Presented

1. Whether Oklahoma lien law permits an amended lien statement, including an amendment increasing the amount claimed, when the amended statement is filed within the ninety-day statutory period.
2. Whether the Oklahoma Supreme Court should prohibit enforcement of the district court's judgment declaring Biantrav's corrected and amended lien ineffective.

Disposition

writ_granted