We often get questions regarding construction defect claims in Oklahoma. Building a home or commercial property is a major investment, and property owners expect safe, functional, and lasting results. When construction defects occur, they can lead to costly repairs, safety hazards, and disputes between property owners, builders, and subcontractors. Understanding how construction defect claims work in Oklahoma can help protect your rights and your property.
What Is a Construction Defect?
A construction defect is any flaw in the design, materials, or workmanship of a building that reduces its value, safety, or usability. Common examples include:
- Cracks in foundations or walls.
- Leaking roofs or windows.
- Faulty plumbing or electrical systems.
- Poor soil preparation causing structural shifting.
- Use of defective building materials.
Some defects are immediately noticeable, while others may take years to appear.
Legal Basis for a Construction Defect Claim in Oklahoma
In Oklahoma, property owners may bring a construction defect claim based on:
- Breach of Contract – If the contractor failed to meet agreed-upon specifications.
- Breach of Warranty – Many construction projects include express or implied warranties for materials and workmanship.
- Negligence – If defective construction resulted from carelessness or failure to meet professional standards.
- Fraud or Misrepresentation – If the contractor concealed or misrepresented the quality of the work.
Steps to Take
If you believe that you have a valid construction defect claim, you should take the following steps:
- Document the Problem – Take photos, keep records, and note when you first noticed the defect.
- Review Your Contract – Check warranties and terms that may cover repairs or limit liability.
- Hire an Independent Expert – An engineer or inspector can confirm whether the issue results from defective design, materials, or workmanship.
- Notify the Contractor – Many construction contracts require you to give the contractor an opportunity to fix the issue before filing a claim.
If the contractor refuses to correct the defect or denies liability, legal action may be necessary.
Statute of Limitations and Statute of Repose
Oklahoma law limits how long you have to bring a construction defect claim:
- Statute of Limitations – Typically, you have two years from the time you discover (or should have discovered) the defect to file suit.
- Statute of Repose – Regardless of when a defect is discovered, no claims can be brought more than ten years after substantial completion of the construction project.
Because these deadlines are strict, acting quickly is essential.
Resolving a Construction Defect Dispute
Many construction defect claims can be resolved without a lawsuit through:
- Negotiation – Reaching an agreement for repairs or compensation.
- Mediation or Arbitration – Alternative dispute resolution methods often included in construction contracts.
- Litigation – If settlement efforts fail, filing a lawsuit may be necessary to protect your property rights.
Tulsa Construction Defect Lawyers
If you believe your home or building has a construction defect, don’t wait until the problem gets worse. At Tulsa County Lawyers Group, we can help you understand your legal options. Get a free consultation from a construction defect lawyer by calling 918.379.4864, or you can ask an online question by following this link.
