Oklahoma’s Right To Repair Law Saves Time and Money
This is a law that is designed to protect parties to residential improvements in construction to save time and money, and hopefully avoid unnecessary litigation in the event that there is a problem.
To start things off, I am going to provide a definition of what a construction defect is, which is intuitive to a lot of people, but there is a definition associated with this law.
A construction defect means a deficiency in or a deficiency arising out of the design specifications, surveying, planning, supervision or observation of construction or construction of residential improvements that result from any of the following: defective material, products or components used in the construction of residential improvements, violation of applicable codes in effect at the time of the construction of residential improvements, failure of the design of the residential improvements to meet applicable professional standards of care at the time of governmental approval of the design of the residential improvement, or failure to construct a residential improvements in accordance with accepted trade standards, or good and workman-like construction at the time of construction.
This is a provision that has to be accounted for in the contract documents. So if it’s not there, it doesn’t apply, but if it is accounted for in your construction documents, then a homeowner or a buyer has the duty to notify the contractor of potential defects, and have given them an opportunity to inspect them and make repairs or take other action prior to going to court.
In the event that a homeowner or buyer goes straight to court and skips the notice phase, the contractor would still have the opportunity to go back and inspect and make repairs, or take other action without any further legal action.