Construction Disputes in Oklahoma
Construction projects in Oklahoma frequently lead to disputes of all kinds. In most construction contracts, the parties must attempt to resolve their dispute through pre-litigation efforts. When disputes cannot be resolved through negotiation or mediation/arbitration, they may escalate to litigation, or court action.
Here are some of the most common types of construction disputes in Oklahoma:
Build Quality Disputes
Build quality is one of the most common sources of contention in construction projects. From structural defects to cosmetic flaws, property owners want to push the builder or contractor to produce the highest quality for the lowest price. When the quality of construction does not meet the agreed-upon standards, or the minimum standard of “workmanlike manner” and the state’s building codes in Oklahoma, disputes escalate quickly. Disputes in this area often center around structural integrity, defective materials, and final product workmanship issues.
Build Timing Disputes
Meeting construction timelines is crucial, but delays are almost inevitable in today’s construction industry. Without proper contract terms to protect the parties and outline what should happen in the event of a delay, disputes are common. Build timing disputes typically revolve around project delays and their consequences, whether caused by Oklahoma’s volatile weather, permitting issues, or some other source.
Liquidated Damages and Delay Clauses: Construction contracts often include provisions specifying how delays will be handled, including the assessment of liquidated damages for missed deadlines, such as a per-day penalty for the builder or contractor.
Closing Before Construction Completed
In some instances, buyers may be eager to take possession of their new property before construction is fully and finally completed. Closing the transaction before construction is completed can cause many disagreements, such as which party is responsible for completion, quality of work, warranties, insurance coverage, etc.
Final Checklist or Punchlist Items
The final checklist or punchlist items are a crucial phase in any construction project. These are tasks that must be completed before a project can be considered finished. Disputes in this category often involve arguments over which items have been completed, the timing of the repairs, and the withholding of final payment until the buyer’s satisfaction with the builder’s open items.
Warrantied Repairs Disputes
Whether a proposed repair is necessary, under warranty, and communicated in time are aggressively disputed issues in construction contract matters. These disputes arise when issues with the constructed property become apparent after completion, and the terms of the builder’s warranty come into play. These disputes can encompass a wide range of legal and contractual questions about coverage, responsibility, timing, and warranty repair request protocol.
Construction companies often request substantial deposits in order to begin work on a project, which can cause issues if the client/customer cannot get in contact with the company after the deposit is taken.
Alternatively, many contractors face significant problems with getting paid for work already performed. Our firm can help these contractors enforce their agreements, send pre-lien notices, file liens, and enforce liens.
Construction Attorneys in Oklahoma
In the event that a dispute or litigation becomes unavoidable, finding an experienced attorney is essential to successfully navigate a construction matter. Contact Avenue Legal Group to discuss your construction dispute.
Need counsel in a real estate related dispute or litigation? Get more information about our firm’s representative cases here.
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