Oklahoma Subcontractor Agreement Template | Statutory Compliant
Generate a construction subcontract tailored to Oklahoma law — with statutory prompt payment deadlines, retainage caps, lien waiver rules, and anti-indemnification protections built in.
Contract Parties
Subcontractor
Project & Schedule
Payment Terms
Total subcontract price for your scope of work.
Oklahoma rules: Oklahoma does not cap retainage by statute on private construction; retainage is negotiable.
Days after GC receives owner payment.
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Download a clean, print-ready PDF with all Oklahoma statutory clauses included — prompt payment, retainage, lien waiver, and indemnification.
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Subcontractor Agreement
Construction Subcontract — State of Oklahoma
This Subcontractor Agreement (the “Agreement”) is made and entered into as of October 5, 2026 by and between [General Contractor Name] (“General Contractor”) and [Subcontractor Name] (“Subcontractor”), governed by Oklahoma Statutes Title 42, §§ 141-172 and the laws of the State of Oklahoma.
General Contractor
[General Contractor Name]
Subcontractor
[Subcontractor Name]
Project Owner
—
Project Address
—
Contract Price
[Contract Price]
License #
—
1. Scope of Work
Subcontractor shall furnish all labor, tools, equipment, and materials necessary to complete the agreed scope of work in a good and workmanlike manner, in compliance with all applicable building codes.
2. Payment
GC shall pay Subcontractor within 10 days after receiving payment from the Project Owner. Under Okla. Stat. § 15-36.3, the general contractor must pay subcontractors within 10 days after receiving payment from the owner on private jobs, with interest at 1.5% per month and attorney fees available on late amounts.
3. Retainage
GC may withhold 10% retainage from each progress payment. Oklahoma does not cap retainage by statute on private construction; retainage is negotiable. On public jobs, Okla. Stat. § 61-303 generally limits retention to 10% until 50% completion.
4. Lien Waivers
Oklahoma does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Under Okla. Stat. § 42-148, a waiver of lien rights is effective only to the extent of payment actually received.
5. Mechanics Lien Rights Preserved
Oklahoma requires filing a lien within 90 days after the last work or materials were furnished, followed by foreclosure within 1 year of filing. Oklahoma requires a lien waiver to contain a warning and the sub to send a Notice of Furnishing within 75 days of first furnishing labor or materials to preserve lien rights.
6. Indemnification
Oklahoma under Okla. Stat. § 15-36.3(C) voids provisions in construction contracts requiring a subcontractor to indemnify another party for that party’s sole negligence or willful misconduct.
7. Governing Law
This Agreement is governed by the laws of the State of Oklahoma, including Oklahoma Statutes Title 42, §§ 141-172 (Oklahoma Lien Law) and Prompt Pay at Okla. Stat. § 15-36.3 (private) and § 61-303 (public).
[General Contractor Name] — General Contractor
Print Name / Title
[Subcontractor Name] — Subcontractor
Print Name / Title
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Oklahoma Payment & Retainage Rules
Under Okla. Stat. § 15-36.3, the general contractor must pay subcontractors within 10 days after receiving payment from the owner on private jobs, with interest at 1.5% per month and attorney fees available on late amounts.
Retainage Cap
Oklahoma does not cap retainage by statute on private construction; retainage is negotiable. On public jobs, Okla. Stat. § 61-303 generally limits retention to 10% until 50% completion.
Pay-When-Paid
Your agreement states that owner payment is a timing mechanism, not an absolute condition precedent — preserving your right to payment and statutory remedies under Oklahoma Statutes Title 42, §§ 141-172.
Lien Waivers
Oklahoma does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Under Okla. Stat. § 42-148, a waiver of lien rights is effective only to the extent of payment actually received.
Your Mechanics Lien Rights in Oklahoma
This agreement expressly preserves your right to record a mechanics lien and serve statutory preliminary notices — no pay-if-paid, pay-when-paid, or lien waiver clause in the document can waive your lien rights beyond payment actually received.
Oklahoma requires filing a lien within 90 days after the last work or materials were furnished, followed by foreclosure within 1 year of filing.
Oklahoma requires a lien waiver to contain a warning and the sub to send a Notice of Furnishing within 75 days of first furnishing labor or materials to preserve lien rights.
Deadlines matter: missing a Oklahoma lien or notice deadline can permanently waive your security interest in the project. Calendar both dates the day you mobilize on site.
Indemnification Limits Under Oklahoma Law
Oklahoma under Okla. Stat. § 15-36.3(C) voids provisions in construction contracts requiring a subcontractor to indemnify another party for that party’s sole negligence or willful misconduct.
Oklahoma Subcontractor Agreement FAQs
When must a general contractor pay me under Oklahoma prompt payment law?
Under Okla. Stat. § 15-36.3, the general contractor must pay subcontractors within 10 days after receiving payment from the owner on private jobs, with interest at 1.5% per month and attorney fees available on late amounts. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.
How much retainage can a GC legally withhold in Oklahoma?
Oklahoma does not cap retainage by statute on private construction; retainage is negotiable. On public jobs, Okla. Stat. § 61-303 generally limits retention to 10% until 50% completion. Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.
Are pay-if-paid clauses enforceable in Oklahoma subcontracts?
While Oklahoma has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check Oklahoma Statutes Title 42, §§ 141-172 (Oklahoma Lien Law) and Prompt Pay at Okla. Stat. § 15-36.3 (private) and § 61-303 (public) for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.
What lien waiver rules apply in Oklahoma?
Oklahoma does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Under Okla. Stat. § 42-148, a waiver of lien rights is effective only to the extent of payment actually received. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.
Can a Oklahoma subcontract require me to indemnify the GC for the GC’s own negligence?
Oklahoma under Okla. Stat. § 15-36.3(C) voids provisions in construction contracts requiring a subcontractor to indemnify another party for that party’s sole negligence or willful misconduct. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.
How do I preserve my mechanics lien rights in Oklahoma?
Oklahoma requires filing a lien within 90 days after the last work or materials were furnished, followed by foreclosure within 1 year of filing. Oklahoma requires a lien waiver to contain a warning and the sub to send a Notice of Furnishing within 75 days of first furnishing labor or materials to preserve lien rights. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.