Okla. Stat. tit. 15, § 15-765.6

repair provisions.

A. For the purposes of this section:

1. "Construction defect" means a deficiency in or a deficiency

arising out of the design, specifications, surveying, planning,

supervision or observation of construction or construction of

residential improvements that results from any of the following:

a. defective material, products or components used in the

construction of residential improvements,

b. violation of the applicable codes in effect at the

time of construction of residential improvements,

c. failure of the design of residential improvements to

meet the applicable professional standards of care at

the time of governmental approval of the design of

residential improvements, or

d. failure to construct residential improvements in

accordance with accepted trade standards for good and

workmanlike construction at the time of construction;

2. "Contractor" means a person or entity providing labor,

services or materials in the construction of a new residence or

alteration of, repair of, or addition to an existing residence; and

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.

Oklahoma Statutes - Title 15. Contracts Page 154

B. A contract for the construction of a new residence or for an

alteration of, repair of, or addition to an existing residence may

include provisions which:

1. Require a homeowner, prior to filing a lawsuit for

construction defects, to present to the contractor a written notice

of construction defects; and

2. Allow the contractor to inspect any construction defects and

present to the homeowner a written response which shall include the

contractor's offer to repair defects or compensate homeowner for

such defects within thirty (30) days after receipt of the notice of

defects.

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.