§ 765.6. Construction contracts may include notice and offer to repair provisions
Oklahoma Statutes AnnotatedTitle 15. ContractsEffective: November 1, 2023
Effective: November 1, 2023
15 Okl.St.Ann. § 765.6
§ 765.6. Construction contracts may include notice and offer to repair provisions
3. “Residence” means any structure designed and used only for residential purposes, together with all attached and unattached structures, constructed by the contractor, regardless of whether the real property upon which the residence is located was purchased from the contractor. Such term also includes a residence upon which alterations or repairs were performed by the contractor at the direction of the homeowner.
Regardless of whether such provisions are included in a contract, the homeowner shall not file a lawsuit against the contractor until the conditions precedent as set forth in paragraphs 1 and 2 of this subsection have been fulfilled. In the event the homeowner files a lawsuit against the contractor without fulfilling the conditions precedent, the contractor shall be entitled to a stay of proceedings until such conditions have been fulfilled. If the conditions precedent have been fulfilled, the homeowner may seek remedies against the contractor as provided by law. The provisions of this section shall not be subject to, and nothing herein is intended to alter, contradict or otherwise diminish the application of, the terms of a separate express contractual warranty agreed upon by a contractor or homeowner. This section does not create a cause of action or derivative liability or extend a limitations period.
Credits
Laws 2006, c. 111, § 2, eff. Nov. 1, 2006; Laws 2012, c. 111, § 1, eff. Nov. 1, 2012; Laws 2023, c. 19, § 1, eff. Nov. 1, 2023.
15 Okl. St. Ann. § 765.6, OK ST T. 15 § 765.6
Current with emergency effective legislation through Chapter 182 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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