If you’re suing a contractor for defective work, it’s important to understand your legal options. When you hire a contractor to build, repair, or renovate your home or business, you expect the work to meet a reasonable standard of quality. Unfortunately, that doesn’t always happen. If a contractor delivers defective or substandard work in Oklahoma, you have legal remedies available to seek compensation or force repairs.
What Counts as Defective Work?
Defective work generally refers to construction or repair services that fail to meet industry standards, agreed-upon terms, or local building codes and regulations. Examples of defective work include:
- Poorly installed roofing or plumbing
- Unsafe electrical wiring
- Uneven flooring or crumbling foundations
- Failure to follow architectural plans
- Use of substandard or incorrect materials
To bring a legal claim, you typically need to show that the work was not just flawed but failed to meet the reasonable expectations outlined in the contract or was performed negligently.
Step 1: Review the Contract
Start by reviewing your contract with the contractor. Look for:
- Warranties or guarantees
- Scope of work provisions
- Deadlines and performance requirements
- Dispute resolution clauses
If the contractor breached any part of the agreement, such as failing to use specified materials or leaving the project incomplete, you may have grounds for a breach of contract lawsuit.
Step 2: Notify the Contractor
Before filing a lawsuit, Oklahoma courts expect you to give the contractor an opportunity to fix the problem. This is called “notice and opportunity to cure.” You must notify the contractor in writing of the defects and request they correct the issues within a reasonable time.
Under the Oklahoma Home Repair Fraud Act and general contract law, this step helps protect both sides and may lead to a resolution without litigation.
Step 3: Understand Your Legal Claims
If the contractor refuses to fix the work or does so inadequately, you may be able to bring one or more of the following legal claims:
1. Breach of Contract
You can sue the contractor for failing to perform the work as agreed in your written or verbal contract. Remedies may include the cost of repairs or even full reimbursement.
2. Negligence
If the contractor’s work was careless or failed to follow industry standards, and it caused damage or safety risks, you may claim negligence.
3. Breach of Warranty
If the contractor offered a written or implied warranty, such as guaranteeing the work for a certain number of years, and the work failed during that period, you can enforce that warranty.
4. Fraud or Misrepresentation
If the contractor intentionally misled you or concealed defects, you may have a claim for fraud, which can include punitive damages in serious cases.
Step 4: Document the Defects
Evidence is key to a successful claim. You should collect:
- Photos or videos of the defective work
- Expert evaluations from another contractor or inspector
- Written estimates for repair costs
- All contracts, communications, and payment records
This documentation will support your case in court or during settlement negotiations.
Step 5: Consider Small Claims or District Court
In Oklahoma, you may file in small claims court if your damages are $10,000 or less. These cases are quicker and less formal. For larger claims or more complex issues, you’ll need to file in district court, where a judge or jury can award broader remedies.
When to Contact an Attorney
Contractor disputes can become complicated quickly, especially if the contractor is uninsured, out of business, or disputing your claims. A skilled Oklahoma construction or civil litigation attorney can help you:
- Evaluate your case
- Draft demand letters
- File a lawsuit or negotiate a settlement
- Pursue collections if you win a judgment
OKC Construction Law Attorneys
If a contractor performed defective work on your property, you don’t have to accept the financial or structural damage. Oklahoma law provides several remedies to protect property owners from poor workmanship and contract breaches, including suing a contractor for defective work. Contact our construction law attorneys at Kania Law – OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
