Mediation and lawsuits are two common components of dispute resolution. Disputes between homeowners and contractors are common in Oklahoma, especially when work is delayed, defective, or incomplete. While going to court is always an option, it isn’t the only path. Mediation and other forms of dispute resolution can help enforce a contractor contract without the stress, expense, and time commitment of a full-blown trial.
Understanding Contractor Disputes
Contractor disputes typically arise from:
- Missed deadlines
- Substandard, defective, or unfinished work
- Failure to follow contract terms
- Cost overruns or surprise charges
- Communication breakdowns
Under Oklahoma law, a valid contract is legally enforceable if it includes an offer, acceptance, consideration (usually payment), and mutual intent to be bound. If the contractor fails to meet their obligations, you have the right to seek remedies—either informally or through legal channels.
Step One: Review the Contract
Before taking any formal action, carefully review the written agreement. Many Oklahoma construction contracts include clauses that:
- Require mediation or arbitration before filing a lawsuit
- Set deadlines for providing written notice of a dispute
- Define acceptable remedies (e.g., refunds, repair work, or liquidated damages)
Understanding your rights and responsibilities under the contract is the foundation for any enforcement action.
Step Two: Attempt Informal Resolution
Often, direct communication can resolve the issue without legal intervention. Send the contractor a formal demand letter outlining your concerns, the terms they’ve violated, and the resolution you seek (such as repair, refund, or completion of work). Include a deadline for response.
If the contractor is responsive and willing to cooperate, this may save time and preserve the working relationship.
Step Three: Use Mediation to Avoid Trial
If informal talks fail, mediation is often the next best step. Mediation is a structured process where a neutral third-party mediator helps both sides negotiate a voluntary agreement. It is faster, less expensive, and more confidential than going to court.
In many Oklahoma courts, judges may even order mediation before allowing a civil trial to proceed. While mediation is non-binding, it often leads to enforceable settlement agreements.
What Happens If Mediation Fails?
If mediation does not resolve the dispute, you may need to file a lawsuit in an Oklahoma district court. You can sue for:
- Breach of contract
- Unjust enrichment
- Negligence or construction defects
- Violation of Oklahoma’s Home Repair Fraud Act (if applicable)
The court may award monetary damages, including the cost to complete or repair the work, or even specific performance, compelling the contractor to finish the job as agreed.
OKC Contract Lawyers
If your contractor failed to uphold their end of the bargain, you have options to enforce your contract without immediately going to trial. Mediation offers an efficient and cost-effective path to resolution, and if necessary, the Oklahoma courts and lawsuits are available to enforce your rights. If you need help, our contract team at Kania Law – OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
