A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Oklahoma, a construction defect is considered a deficiency in the design, workmanship, or materials used in the construction of a building that fails to meet the minimum industry standards or the reasonable expectations of the property owner. The state follows the 'Right to Repair Act' (Title 12, Section 1431-1438 of the Oklahoma Statutes), which requires homeowners to provide notice to contractors about alleged construction defects and give them an opportunity to repair the issues before litigation can be pursued. This act applies to residential construction and aims to reduce litigation and encourage the resolution of construction defect claims outside of court. If the issue is not resolved through this process, the homeowner may then proceed with legal action. The statute of limitations for construction defect claims in Oklahoma is generally five years from the date of substantial completion of the construction. However, if a defect is discovered later, the statute of repose extends the period during which a lawsuit can be filed to up to ten years after completion. It is important for property owners to consult with an attorney to understand their rights and the specific procedures to follow when dealing with construction defects in Oklahoma.