A common expense after a breach of contract is the cost of hiring a new contractor to complete or redo the job. When a contractor fails to complete a project or performs work that is substandard, Oklahoma law provides remedies to help property owners recover damages. This article explains your rights, what you can recover, and how courts handle these claims under Oklahoma law.
Understanding Contractor Breach in Oklahoma
A contractor breach occurs when the contractor fails to meet the terms of the agreement, whether by abandoning the project, performing defective work, missing deadlines, or failing to adhere to specifications. To recover damages, you must show that:
- A valid and enforceable contract existed,
- The contractor breached the contract,
- You suffered financial harm as a result of the breach.
Once a breach is proven, Oklahoma courts allow property owners to recover damages that directly result from the breach.
Hiring a New Contractor: What Can You Recover?
Under Oklahoma law, if you have to hire a new contractor to complete or correct work, you may recover the reasonable cost of completion or repair. These damages are known as “expectation damages” and are designed to place you in the position you would have been in had the original contract been properly completed.
You may be entitled to recover:
- The difference between the original contract price and the amount paid to the replacement contractor
- Costs associated with demolishing or removing defective work
- Costs to bring the work up to code or contract standards
- Temporary housing costs (if the breach caused habitability issues)
- Legal fees and court costs (in some cases, if the contract allows or if statute permits)
To recover these costs, you must present evidence that supports both the breach and the amount of your loss. Oklahoma courts will examine whether your decision to replace the contractor and the costs incurred were reasonable under the circumstances.
Can You Recover for Emotional Distress or Inconvenience?
Generally, Oklahoma courts do not award damages for emotional distress in breach of construction contract cases unless the contract involves personal services or severe misconduct. However, courts may award consequential damages if you can prove that the contractor knew of special circumstances that would cause you additional financial losses due to the breach.
OKC Construction Law Attorneys
When a contractor breaches their agreement, you don’t have to bear the cost of hiring a new contractor alone. The law allows you to recover reasonable expenses associated with hiring a new contractor to complete the job. Whether the breach involved poor workmanship, delays, or total abandonment, documenting the issue and taking action are key. Contact our construction law attorneys at Kania Law – OKC Attorneys. Call us today at 405-367-8710 or ask a question online.
