If an owner of a property or other individual in Oklahoma hires a contractor to complete repairs, services, or other work on their property, they will likely enter into a contract outlining the details of that work. These contracts also usually cover other issues that are related to the repairs, services, or other work, such as:
- A description of the repairs, services, or other work;
- An estimate of what it will cost to complete the repairs, services, or other work;
- A deadline for when the repairs, services, or other work are supposed to be completed.
If the contractor hired is not able to or does not complete the repairs, services, or other work agreed to in the contract, the other party may file a lawsuit in court. There are certain issues that may require the individual to file a claim in court, such as:
- Not completing or performing all of the repairs, services, or other work that was required under the contract;
- Missing deadlines;
- Not completing the repairs, services, or other work in a satisfactory manner;
- Completing the repairs, services, or other work in such a way that violates local zoning ordinances or safety standards;
- Taking advantage of the property owner, such as by accepting money or deposits but not completing the repairs, services, or other work;
- Overcharging the individual for the repairs, services, or other work completed.
If an individual has to file a lawsuit against an Oklahoma contractor, they will likely be filing their claim in civil court. When an individual files a lawsuit against an Oklahoma contractor, it is essential to consult with a local attorney in Oklahoma.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
Although there are numerous different reasons that an individual may want to file a lawsuit against an Oregon contractor, some of the most common types of claims include:
- Contract fraud
- Breach of contract
- Defective construction work
Contract Fraud
Contract fraud arises when one of the parties to a contract knowingly makes a false claim that is intended to trick the other party to the contract into signing it. Contract fraud in a construction-related situation often arises when the contractor indicates that they will use a certain type of fixture or material knowing they will actually use one of lesser quality.
Breach of Contract
A breach of contract claim is a broad claim that can be used when a number of different issues arise, for example, when the contractor does not:
- Start the repairs, services, or other work;
- Meet the deadlines;
- Fully completing the repairs, services, or other work;
- Use the materials or fixtures as agreed to in the contract.
Breach of contract claims gives an individual the opportunity to recover monetary damages, or money compensation, for the repairs, services, or other work that was not completed. With these types of claims, the contractor may be required to provide the individual with a refund for the repairs, services, or other work they did not complete or they may have to pay to have another contractor complete the repairs, services, or other work.
Defective Construction Work
A defective construction claim involves repairs, services, or other work that contains construction defects. A construction defect arises when a contractor does not handle the repairs, services, or other work in accordance with the reasonable expectations of the buyer or in a reasonable manner.
A defect in construction work may reduce the value of a structure or property. The categories of defects that may be the basis of a construction work lawsuit include:
- A design deficiency
- A subsurface deficiency
- A material deficiency
- A construction deficiency
Can I Sue a Contractor Without a Contract?
In certain situations, an individual can sue a contractor even if they did not sign a written contract with that contractor. This can be done when the owner is able to show that an oral contract was formed between the parties.
A common example of this issue arises when a contractor does not complete the repairs, services, or other work as they agreed. In these situations, if the owner is able to demonstrate that an oral contract was entered into, the court may order the contractor to provide the owner with a refund for the portion of the work that was not completed or to pay another contractor to complete the repairs, services, or other work.
How Do I Sue for Breach of Contract?
If an individual is considering suing a contractor for a breach of contract, it is important to first take certain steps before filing the lawsuit. One important step is to review the contract and any other legal documents they signed for any provisions regarding the use of arbitration or a different type of alternative dispute resolution that must be used to resolve a dispute.
When the individual files a lawsuit for a breach of the contract, they will have to prove the following in court to be successful:
- A contract was formed;
- That contract is valid under the laws of the State of Oklahoma;
- The contractor did not fulfill their agreement under the contract;
- The breach was substantial or material and not a minor technicality;
- The losses suffered by the plaintiff were caused by the breach; and
- Those losses can be calculated with a reasonable degree of certainty.
How Much Does It Cost to Sue a Contractor?
The cost of suing a contractor for poor workmanship will vary depending on numerous factors, for example:
- The type of breach;
- Whether the party has legal representation;
- The size of the job;
- Whether there are multiple legal issues;
- The amount of damages the plaintiff is requesting;
- Whether the party files their claim in small claims court or civil court.
When suing a contractor, it is very important to have legal representation, as the process can be stressful and complex. A lawyer will provide their client with a great advantage based on their training and knowledge of Oklahoma laws, building codes, and construction issues.
What Is the Statute of Limitations for Contract Disputes?
The statute of limitations for written contract disputes in Oklahoma is five years. A statute of limitations is the amount of time that an individual has to file a lawsuit before their case will be dismissed and they will be denied the ability to recover compensation.
This means that, in Oklahoma, an individual has five years from the time of the breach of a written contract to file a lawsuit.
Do I Need an Attorney for Suing a Contractor?
If you are experiencing any issues with a contractor in Oklahoma, it is very important to reach out to an Oklahoma contract lawyer. Your lawyer will be able to review the contract you signed as well as any other documents, provide you with advice on your issue, and tell you the best steps to take.
LegalMatch has a database of pre-screened member lawyers who are ready to begin helping you today. Simply submit your legal issue or question on the LegalMatch website, and you will receive responses from attorneys within 24 hours.
These responses will include information about each lawyer, including their background and fee arrangements. Some lawyers will also offer free consultations, allowing you to meet with multiple attorneys before deciding who is the best fit for your needs.
