Two common legal theories are breach of contract and negligence, but they serve different purposes and require different types of proof. If you’ve hired a contractor in Oklahoma and the project went wrong—unfinished work, poor craftsmanship, or unexpected damage—you may be wondering how to hold them legally accountable. Knowing which claim to bring—or whether to bring both—can make all the difference in whether you recover damages.
What Is a Breach of Contract?
A breach of contract claim is based on the idea that the contractor failed to do what they agreed to do in a legally binding contract. This could be a formal written agreement, a signed proposal, or even a verbal agreement in some cases.
To succeed in a breach of contract claim in Oklahoma, you must prove:
- A valid and enforceable contract existed
- You performed your part of the contract
- The contractor breached the contract (by failing to perform, performing poorly, or not completing the job)
- You suffered damages as a result
Example: You paid a contractor to install a new roof by June 1. They never started the job, and you had to hire someone else at a higher price. That’s likely a breach of contract.
What Is Contractor Negligence?
Negligence is a tort (a type of civil wrongdoing) that applies when a contractor fails to exercise reasonable care, resulting in harm or damage to person or property—even if no formal contract exists, or the contractor technically completed the job.
To prove negligence under Oklahoma law, you must show:
- The contractor owed you a duty of care
- They breached that duty by acting unreasonably
- The breach caused your injury or damage
- You suffered actual harm
Example: A contractor installs a faulty water heater without securing it properly. It leaks and causes $10,000 in water damage. Even if the job was completed and paid for, you may have a negligence claim for the damage caused.
Can You Sue for Both?
In many Oklahoma contractor disputes, you can bring both claims together. For example, if the contractor failed to follow your agreement and did the work carelessly, you may have grounds to sue under both breach of contract and negligence.
However, courts may limit double recovery—you can’t collect twice for the same damage—but bringing both claims gives you flexibility if one theory falls short.
Which Claim Is Right for You?
If the contractor didn’t follow the contract, or failed to finish the job, start with breach of contract. But, if the contractor’s work damaged your property or caused injury, and you want to recover for that, add a negligence claim. If there is no clear agreement in writing, negligence may still be available as a path to compensation.
OKC Contractor Dispute Attorneys
Both breach of contract claims and negligence claims can play a key role in a construction dispute. If you’ve been wronged by a contractor, you don’t have to figure it out alone. Contact our construction law attorneys at Kania Law – OKC Attorneys. Call us today at 405-367-8710 or ask a question online.
