Shawver & Son, Inc. v. Tefertiller

DOOLIN, Justice.

The United States Bankruptcy Court for the Western District of Oklahoma has certified a question of law wherein the pivotal issue is whether the perfection of a mechanic’s and materialmen’s lien pursuant to 42 O.S.1981 § 143 is required to assert a claim upon construction trust funds under 42 O.S.1981 §§ 152, 153. We answer affirmatively.

The following facts were profferred to this Court in connection with the posed question of law. Pratt Food, Inc., not a party herein, hired the defendant James Tefertiller, d/b/a T & C Construction Company and Teco Builders, Inc.,…