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Can I seek restitution from a Contractor that did shoddy work on my home remodel project?

OklahomaBankruptcyLawsuitLien DeadlinesLien on FundsLien ReleasesPayment Disputes

I hired a contractor to remodel the Kitchen and Master Bath of my house to start May 1, 2021. The name of the company is Birch Co. Brett Davis located in Oklahoma. I was recommended to them thru my neighbor. I did not do my due diligence and completely trusted them that they would be remodeling my "dreamhome". Thru out the project I was living in the housing and having to oversee the project. Too many mistakes were being made and me having to call the Company daily if not weekly complaining. The last draw was when the flooring was being put down, I called them that morning to let them know not to do anything in the Guest bathroom, I even put a note on the Bathroom door and on the worksheet. I came home that night to the only working toilet in the house in my bathtub. Because I refused to pay them the last Invoice they put a lien on my House. Now I don't have a Master Bath not do I have a Kitchen. I have interviewed several other contractors and they all say that it will take at least another $100,000 to put my house back together.

1 reply

Apr 13, 2022

You can sue the original contractor for the amount of money it would take to make right everything they did wrong. To prevail, you will need to prove that the work they did was below the quality standard in the local community and then you will have to prove that it will cost $100,000 (or more) to put everything the way it was supposed to be. A lawsuit like that will be expensive to conduct and it will likely take a year or two to get to trial. If the contractor is insured, it might be worth it. If the contractor is not insured, he can bankrupt out from under the judgment under most circumstances. You should consult with a local attorney to see if litigation is the correct approach. Two important pieces of information: you can bond around the lien and the lien expires after one year.

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