Construction defects done by contractors are compensable in a contract dispute. Construction negligence of a contractor may result in poor quality construction or defective work at your home. Still other work may not have been done at all or half completed leaving the homeowner holding the bag. As a homeowner in Oklahoma, you can sue a contractor if there are construction defects, defects in design or materials, or subsurface defects. Construction defects and breach of contract claims are best handled by business attorneys who understand this type of problem.
Construction Defects and Negligence
Oklahoma law requires contractors to exercise “reasonable care” during the entire construction process for your home. If you believe that another contractor in the similar circumstances would not have caused the defects in your construction, then you may have a valid claim for construction negligence against your contractor.
The key to proving negligent construction begins with collecting and organizing evidence. This should consist of pictures and journals related to the negligent work. You along with your construction attorney should collect evidence to prove that the contractor acted without reasonable care or acted in a way that failed to meet the minimum industry standards. Depending on the situation, you may be able to establish that the contractor simply did not possess the requisite knowledge or experience to perform the work.
Even if it was a subcontractor’s fault, you could sue the contractor because they are ultimately responsible if they hired a less trained or unreliable subcontractor or failed to supervise their work properly.
Construction Defects and Breach of Contract
As a homeowner in Oklahoma, you can also sue the contractor for failing to measure up to the terms and conditions mentioned in the contract for construction work. In general, a breach of contract may involve:
· Failure to fulfill an obligation specified in the construction contract
Failure to follow the sale or purchase documentation
· Failing to follow the escrow instructions
Breach of contract is usually something more than a contractor’s failure to follow the construction plans and specifications. In these types of claims, the court in Oklahoma might go by the doctrine of “substantial performance.” In some cases, the court may treat the contract as completed if the contractor substantial performed under the contract, but failed to meet all the terms and conditions. However, as a homeowner you would not have to make the full payment as mentioned in the contract. The court will ask you to pay only a reduced contract amount after deducting the value you lost on your home because of the contractor’s fault.
As a homeowner in Oklahoma, you could sue the contractor for negligent misrepresentation in some cases. Your attorney will have to prove that:
The contractor made an assertion to you regarding the construction work.
· The contractor did not have any reason to believe this assertion was true.
For example, if the contractor informed you that they were using a high quality plumbing that would not break down for several years. However, if the plumbing quickly broke down, your attorney may be able to establish that poor quality material and workmanship was used. This may be a case of negligent misrepresentation if the contractor has no facts to support their claim.
Tulsa Construction Attorneys Near You
Construction Defects Done by Contractors are a source of much litigation. Remember that in Oklahoma, you get only two years to file a construction tort claim and five years for a construction defect claim before the statute of limitations has run. To make sure that time is on your side, get in touch with our construction attorneys at Kania Law as soon as possible after you have identified a construction defect. For a free case evaluation, call 918-743-2233 or write to us online.