{"data":{"id":"us-ok/okla.-stat.-tit.-15-15-765.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 15, § 15-765.6","heading":"Construction contracts may include notice and offer to","body":"repair provisions.\n\nA. For the purposes of this section:\n\n1. \"Construction defect\" means a deficiency in or a deficiency\n\narising out of the design, specifications, surveying, planning,\n\nsupervision or observation of construction or construction of\n\nresidential improvements that results from any of the following:\n\na. defective material, products or components used in the\n\nconstruction of residential improvements,\n\nb. violation of the applicable codes in effect at the\n\ntime of construction of residential improvements,\n\nc. failure of the design of residential improvements to\n\nmeet the applicable professional standards of care at\n\nthe time of governmental approval of the design of\n\nresidential improvements, or\n\nd. failure to construct residential improvements in\n\naccordance with accepted trade standards for good and\n\nworkmanlike construction at the time of construction;\n\n2. \"Contractor\" means a person or entity providing labor,\n\nservices or materials in the construction of a new residence or\n\nalteration of, repair of, or addition to an existing residence; and\n\n3. \"Residence\" means any structure designed and used only for\n\nresidential purposes, together with all attached and unattached\n\nstructures, constructed by the contractor, regardless of whether the\n\nreal property upon which the residence is located was purchased from\n\nthe contractor. Such term also includes a residence upon which\n\nalterations or repairs were performed by the contractor at the\n\ndirection of the homeowner.\n\nB. A contract for the construction of a new residence or for an\n\nalteration of, repair of, or addition to an existing residence may\n\ninclude provisions which:\n\n1. Require a homeowner, prior to filing a lawsuit for\n\nconstruction defects, to present to the contractor a written notice\n\nof construction defects; and\n\n2. Allow the contractor to inspect any construction defects and\n\npresent to the homeowner a written response which shall include the\n\ncontractor's offer to repair defects or compensate homeowner for\n\nsuch defects within thirty (30) days after receipt of the notice of\n\ndefects.\n\nRegardless of whether such provisions are included in a\n\ncontract, the homeowner shall not file a lawsuit against the\n\ncontractor until the conditions precedent as set forth in paragraphs\n\n1 and 2 of this subsection have been fulfilled. In the event the\n\nhomeowner files a lawsuit against the contractor without fulfilling\n\nthe conditions precedent, the contractor shall be entitled to a stay\n\nof proceedings until such conditions have been fulfilled. If the\n\nconditions precedent have been fulfilled, the homeowner may seek\n\nremedies against the contractor as provided by law. The provisions\n\nof this section shall not be subject to, and nothing herein is\n\nintended to alter, contradict or otherwise diminish the application\n\nof, the terms of a separate express contractual warranty agreed upon\n\nby a contractor or homeowner. This section does not create a cause\n\nof action or derivative liability or extend a limitations period.","path":["OK Code","Title 15"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8adf53906f007133a0c32d6fb6a00f9ee3b3793a4a010a630792b674077094d9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-15-15-765.5","next":"us-ok/okla.-stat.-tit.-15-15-766"},"notice":"GroundRules: Original legal text. Not legal advice."}