{"data":{"id":"us-ok/okla.-stat.-tit.-61-61-2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 61, § 61-2","heading":"Filing of bond - Action on bond - Subcontractors","body":"A. Bonds shall be filed in the office of the agency,\n\ninstitution, department, commission, municipality or government\n\ninstrumentality that is authorized by law and does enter into\n\ncontracts for the construction of public improvements or buildings,\n\nor public or private improvements or buildings on a public-private\n\npartnership project, or repairs to the same; and the officer with\n\nwhom the bond is filed shall furnish a copy thereof to any person\n\nclaiming any rights thereunder. Any person to whom there is due any\n\nsum for labor, material or repair to machinery or equipment,\n\nfurnished as stated in Section 1 of this title, the heirs or assigns\n\nof such person, may file a claim or bring an action on the bond for\n\nthe recovery of the indebtedness, provided that no action shall be\n\nbrought on the bond after one (1) year from the day on which the\n\nlast of the labor was performed or material or parts furnished for\n\nwhich the claim is made unless a prior claim has been filed within\n\none (1) year from the day on which the labor was performed or\n\nmaterial or parts furnished, in which case, no action shall be\n\nbrought on the bond after two (2) years from the day on which the\n\nlast of the labor was performed or material or parts furnished for\n\nwhich the claim is made.\n\nB. 1. Any person having direct contractual relationship with a\n\nsubcontractor, regardless of tier, performing work on the contract,\n\nbut no contractual relationship express or implied with the\n\ncontractor furnishing the payment bond, shall have a right of action\n\nupon the payment bond only upon giving written notice to the\n\ncontractor and surety on the payment bond within ninety (90) days\n\nfrom the date on which such person did or performed the last of the\n\nlabor or furnished or supplied the last of the material or parts for\n\nwhich the claim is made, stating with substantial accuracy the\n\namount claimed and the name of the party to whom the material or\n\nparts were furnished or supplied or for whom the labor was done or\n\nperformed. The notice shall be served by mailing the same by\n\nregistered or certified mail, postage prepaid, in an envelope\n\naddressed to the contractor at any place the contractor maintains an\n\noffice or conducts business, together with a copy thereof to the\n\nsurety or sureties on the payment bond.\n\n2. With regard to an at-risk construction management contract\n\nunder which the at-risk construction manager or a trade contractor\n\nunder either an agency or an at-risk construction management\n\ncontract is required to furnish a payment bond, only persons having\n\na direct contractual relationship with the party furnishing the\n\npayment bond shall have a right of action upon the payment bond in\n\nthe same manner as set forth in subsection A of this section.\n\nC. 1. The bond or irrevocable letter of credit issued to the\n\nDepartment of Transportation or the Oklahoma Turnpike Authority,\n\npursuant to this section, shall also provide that the contractor\n\nshall pay all state and local taxes accruing as a result of the\n\ncontract, any liquidated damages as provided by the contract and any\n\noverpayment of progressive estimates resulting in a balance due and\n\nowing the Department of Transportation or the Oklahoma Turnpike\n\nAuthority.\n\n2. A claim against the bond or irrevocable letter of credit for\n\ndelinquent taxes shall be made by the public entity to which the tax\n\nwas payable. The claim shall be made within six (6) months from the\n\ndate on which the tax became delinquent. Notice of the delinquent\n\ntax shall be sent by certified mail to the surety, and a copy of the\n\nnotice shall be sent to the contractor. Nothing in this paragraph\n\nshall be construed to release, at any time, the contractor from\n\nresponsibility for full payment of all taxes.\n\n3. A claim against the bond or irrevocable letter of credit for\n\noverpayment on progressive estimates shall be made by the public\nce of the delinquent\n\ntax shall be sent by certified mail to the surety, and a copy of the\n\nnotice shall be sent to the contractor. Nothing in this paragraph\n\nshall be construed to release, at any time, the contractor from\n\nresponsibility for full payment of all taxes.\n\n3. A claim against the bond or irrevocable letter of credit for\n\noverpayment on progressive estimates shall be made by the public\n\nentity within one (1) year from the date of final acceptance of the\n\nproject. Notice of the overpayment shall be sent by certified mail\n\nto the surety and a copy of the notice shall be sent to the\n\ncontractor. Nothing in this paragraph shall be construed as to\n\nrelease, at any time, the contractor from the responsibility of\n\nrefunding any amount overpaid on progressive estimates which are due\n\nand owing the Department of Transportation.","path":["OK Code","Title 61"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os61.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a4aa555c8fd7be66190983f764b57cfb0a240c3a87e82ed25222ab075948f4aa","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-61-61-19","next":"us-ok/okla.-stat.-tit.-61-61-201"},"notice":"GroundRules: Original legal text. Not legal advice."}