Construction Defect Demand Letter - Oklahoma

CONSTRUCTION DEFECT DEMAND LETTER

OKLAHOMA

SENT VIA [CERTIFIED MAIL / CONTRACTUAL NOTICE METHOD / OTHER TRACKABLE METHOD]

[DATE]

[CONTRACTOR / BUILDER / DESIGN PROFESSIONAL NAME]

[ADDRESS]

[CITY, STATE ZIP]

Re: Construction-defect demand and voluntary opportunity to inspect and resolve

Property: [PROPERTY ADDRESS]

Owner: [OWNER NAME]

Contract date: [DATE]

Substantial-completion date, if established: [DATE]

Dear [NAME]:

This firm represents [OWNER NAME] regarding alleged defects at the property identified above. This letter gives written notice of the factual issues, requests preservation of relevant material, offers a reasonable inspection opportunity, and proposes a resolution process.

Covered residential claim. If the property, work, homeowner, and contractor fall within 15 O.S. § 765.6, this letter is intended to serve as the homeowner's written notice of construction defects under subsection B(1). Before filing suit, the homeowner must present written notice and allow the contractor to inspect and provide a written response within thirty (30) days after receipt that includes an offer to repair the defects or compensate the homeowner. A contractor sued before those conditions are fulfilled is entitled to a stay until they are fulfilled.

Section 765.6 covers defects in residential improvements and defines a contractor as a person or entity providing labor, services, or materials for construction of a new residence or alteration, repair, or addition to an existing residence. It does not create a cause of action or derivative liability, extend a limitations period, or diminish a separate express contractual warranty.

Claim outside § 765.6. For a nonresidential project or another claim outside the statute's definitions, the requested process is voluntary unless a contract, warranty program, insurance provision, or other claim-specific law makes it mandatory. Counsel must classify the project and parties before using or filing this letter.

1. SENDER AND RECIPIENT

Sender

Recipient

2. PROJECT AND CONTRACT RECORD

Attach the operative contract, incorporated plans and specifications, change orders, written warranties, payment records, inspection records, and material correspondence.

3. CLAIM-SPECIFIC DEADLINE REVIEW

Counsel should calculate deadlines separately for each viable theory and defendant. Do not use the following categories as a substitute for an accrual analysis.

Deadline dates for this matter:

Do not state that a latent defect automatically postpones every deadline. Record the authority supporting any discovery, tolling, estoppel, repair, warranty, or contractual-extension position used in this matter.

4. DEFECT SCHEDULE

Provide a separate entry for each condition. Describe observable facts and supporting material without assuming that every code deviation or failed component establishes a private claim.

Defect 1 — [SHORT TITLE]

Defect 2 — [SHORT TITLE]

[REPEAT THE DEFECT TABLE]

Summary

5. LEGAL AND CONTRACTUAL BASES UNDER REVIEW

Check and complete only theories supported by the facts and current Oklahoma law.

☐ Breach of written contract — provision(s): [PINPOINT]

☐ Breach of express warranty — warranty, duration, and provision(s): [PINPOINT]

☐ Negligence or other tort — duty and authority: [IDENTIFY]

☐ Sale-of-goods warranty theory — Article 2 scope and provision(s): [IDENTIFY]

☐ Misrepresentation or fraud — particular statement, speaker, date, reliance, and authority: [IDENTIFY]

☐ Other claim-specific statute or rule: [IDENTIFY]

☐ No legal theory is stated pending counsel's review; this letter is presently a factual repair and settlement demand.

The sender reserves only claims and remedies that are legally and factually available. This letter does not assert that a building-code issue automatically creates a private cause of action, that fees are automatically recoverable, or that the requested amounts are recoverable under every theory.

6. LICENSING, REGISTRATION, CODE, AND PERMIT CHECK

The Oklahoma Construction Industries Board states that general contractors are not currently required to hold a statewide general-contractor license. Licensed or registered trade work is different: electrical, plumbing, mechanical, roofing, inspection, and other regulated activities must be checked against the applicable trade requirements. Local jurisdictions may impose additional licensing, permitting, inspection, and code requirements.

Nothing in this section represents that every licensing or code issue voids the contract, defeats payment, or independently creates damages. Counsel must identify the consequence supplied by the governing law and facts.

7. INSPECTION AND TESTING OFFER

Without waiving any position, the Owner offers reasonable access for a documented inspection. For a covered residential claim, this offer is intended to satisfy the inspection-opportunity component of 15 O.S. § 765.6(B)(2).

Please propose inspection dates by [DATE] and provide the written response required by § 765.6, if applicable, no later than [DATE — 30 DAYS AFTER RECEIPT]. The response should identify the inspection requested and include the contractor's offer to repair the alleged defects or compensate the homeowner.

Please provide:

1. The names and roles of attendees;
2. Proposed inspection dates and duration;
3. The areas, systems, and testing requested;
4. Whether destructive testing is proposed;
5. The proposed protocol for photographs, samples, restoration, and allocation of testing costs; and
6. Any safety, occupancy, or access needs.

No destructive testing, removal, or alteration may occur without a separate written protocol approved by the Owner. Emergency mitigation may proceed as reasonably necessary for safety or to limit ongoing damage, with conditions documented before alteration when practicable.

8. DOCUMENT AND MATERIAL PRESERVATION REQUEST

Please preserve potentially relevant material, including:

• Contracts, subcontracts, bids, change orders, invoices, and payment records;
• Plans, specifications, shop drawings, submittals, and revisions;
• Permits, inspection records, test results, and certificates;
• Daily logs, schedules, field reports, punch lists, and quality-control records;
• Photographs, video, messages, email, and project-platform data;
• Product data, installation instructions, warranties, and supplier records;
• Insurance and surety communications concerning the claim; and
• Removed components, samples, and other physical evidence in the recipient's possession or control.

This is a preservation request. Any judicial remedy for lost evidence depends on the governing law, the facts, and the court's authority; this letter does not state that an adverse inference or sanction follows automatically.

9. PROPOSED RESOLUTION

The Owner requests a written response by [DATE] addressing each defect. For a covered residential claim, use a date no later than thirty (30) days after receipt and include the repair-or-compensation offer required by 15 O.S. § 765.6(B)(2). For a claim outside that section, the date is a settlement deadline unless another authority controls.

☐ Offer to repair, identifying scope, licensed or registered trades, permits, schedule, temporary protection, restoration, and warranty terms

☐ Offer to compensate the Owner in the amount of $[AMOUNT], with supporting allocation

☐ Joint inspection and written testing protocol

☐ Mediation with [PROVIDER / MEDIATOR]

☐ Contract-required dispute process: [IDENTIFY]

☐ Additional position or disputed item, with supporting factual and contractual basis: [IDENTIFY]

Silence by the requested date will not be described as a statutory waiver, admission, or adverse inference. Counsel must determine whether § 765.6's conditions precedent have been fulfilled before filing suit; this template does not assume that nonresponse alone resolves that question.

10. RESERVATION AND DELIVERY RECORD

This letter is sent without waiver of available claims, defenses, deadlines, contractual procedures, insurance rights, or mitigation positions. Section 765.6 does not extend a limitations period. This letter is not an agreement to toll or extend any deadline; any tolling or standstill agreement must be separately written and executed by authorized parties.

Respectfully,

[LAW FIRM / OWNER NAME]

By: _________________________________

[NAME]

[TITLE / OKLAHOMA BAR NUMBER, IF APPLICABLE]

[ADDRESS]

[PHONE / EMAIL]

Enclosures

• ☐ Contract and change orders
• ☐ Photographs
• ☐ Expert or consultant report
• ☐ Repair estimate
• ☐ Permit / inspection record
• ☐ Warranty documents
• ☐ Correspondence chronology
• ☐ Other: [____]

OKLAHOMA PRACTICE CHECKLIST

• ☐ Classify the residence, homeowner, contractor, and defect under 15 O.S. § 765.6
• ☐ Give written defect notice and retain proof of the contractor's receipt
• ☐ Offer a reasonable inspection and document access, attendance, testing, and restoration terms
• ☐ Calendar the contractor's 30-day written repair-or-compensation response period
• ☐ Do not file a covered homeowner action until counsel confirms the statutory conditions precedent are fulfilled
• ☐ Confirm separate contract, express-warranty, warranty-program, insurance, and claim-specific notice requirements
• ☐ Calculate § 95 and § 109 issues separately for each claim and defendant
• ☐ Use the five-year Oklahoma period—not the model UCC four-year period—if 12A O.S. § 2-725 applies
• ☐ Confirm whether the transaction is a contract for sale before invoking Article 2
• ☐ Confirm substantial completion and § 109's tort/actor/scope requirements
• ☐ Check CIB-regulated trades and local general-contractor requirements separately
• ☐ Identify the OUBCC code edition, local amendments, permits, and inspections applicable to the work
• ☐ Avoid automatic waiver, adverse-inference, sanction, fee, and discovery-rule statements
• ☐ Preserve proof of delivery and all exhibits

SOURCES AND REFERENCES

• Oklahoma Legislature, current Oklahoma Statutes index and Title 12 PDF: https://www.oklegislature.gov/osstatuestitle.aspx and https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf
• Oklahoma Legislature, Title 15 PDF (15 O.S. §§ 765.5–765.6): https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdf
• Oklahoma State Courts Network, 12 O.S. § 95: https://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=93651
• Oklahoma State Courts Network, 12 O.S. § 109: https://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=93665
• Oklahoma Legislature, Title 12A PDF: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf
• Oklahoma State Courts Network, Title 12A index: https://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKSTA2&level=1
• Oklahoma Construction Industries Board: https://oklahoma.gov/cib.html
• Oklahoma Construction Industries Board, frequently asked questions: https://oklahoma.gov/cib/frequently-asked-questions.html
• Oklahoma Uniform Building Code Commission: https://oklahoma.gov/oubcc.html
• 2025 Oklahoma Code mirror, 15 O.S. § 765.6 (used only because Sofya could not fetch the official section page): https://law.justia.com/codes/oklahoma/title-15/section-15-765-6/

This template is for informational purposes only and does not constitute legal advice. Consult a qualified Oklahoma attorney before use.