{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2003.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2003.2","heading":"Notification of noncompliance prior to construction-","body":"related suit – Correction of deficit.\n\nCOMMENCEMENT OF ACTION BASED ON CONSTRUCTION-RELATED\n\nACCESSIBILITY CLAIM.\n\nA. Prior to filing a civil action based on a construction-\n\nrelated accessibility claim that a facility does not conform with\n\napplicable law, codes and standards for facilities for the\n\nphysically disabled, the plaintiff shall notify the defendant in\n\nwriting of the plaintiff’s assertion that the facility does not\n\ncomply with applicable law, codes and standards regulating\n\nconstruction of facilities to accommodate physically disabled\n\nindividuals and the specific violations that the plaintiff asserts.\n\nThe notice shall be sent by certified mail with return receipt\n\nrequested at least one hundred twenty (120) days prior to the filing\n\nof a petition.\n\nB. In any civil action based on a construction-related\n\naccessibility claim that a facility does not conform with applicable\n\nlaw, codes and standards for facilities for the physically disabled,\n\nthe plaintiff shall attach to the petition:\n\n1. A copy of the notice required by subsection A of this\n\nsection; and\n\n2. A copy of the certified mail return receipt signed by the\n\ndefendant or person authorized to receive service of process for the\n\ndefendant.\n\nC. If a civil action based on a construction-related\n\naccessibility claim that a facility does not conform with applicable\n\nlaw, codes and standards for facilities for the physically disabled\n\nis filed without the documentation required by subsection B of this\n\nsection or if the petition is filed less than one hundred twenty\n\n(120) days after the date the notice required by subsection A of\n\nthis section is sent, the court shall, upon motion of the defendant,\n\ndismiss the action without prejudice to its refiling.\n\nD. If the defendant corrects the alleged defect prior to the\n\nfiling of the petition and the plaintiff files the petition, the\n\ncourt shall dismiss the action and award court costs and reasonable\n\nattorney fees to the defendant. In addition, the court shall impose\n\nsanctions if the action is determined to be frivolous pursuant to\n\nSection 2011 of Title 12 of the Oklahoma Statutes.\n\nE. If the defendant has made a reasonable effort to correct the\n\ndefect but has not completed the correction within one hundred\n\ntwenty (120) days of notification as directed in subsection A of\n\nthis section or prior to the filing of the petition, the court may,\n\nupon application of the defendant for good cause shown, grant the\n\ndefendant a reasonable extension of time, based on the nature of\n\nconstruction needed to correct the deficiency. If the correction is\n\ncompleted within that period of time, the court shall dismiss the\n\naction.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"03ff9b8053de63d96ae3f91ac2a1ce1f0ec0130c58da81eb72cd53b21294cdd0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2003.1","next":"us-ok/okla.-stat.-tit.-12-12-2003.3"},"notice":"GroundRules: Original legal text. Not legal advice."}