Oklahoma § 12-2003.2 - Notification of noncompliance prior to constructionrelated suit – Correction of deficit

§ 12-2003.2. Notification of noncompliance prior to constructionrelated suit – Correction of deficit

COMMENCEMENT OF ACTION BASED ON CONSTRUCTION-RELATED

ACCESSIBILITY CLAIM.

Oklahoma Statutes - Title 12. Civil Procedure

A. Prior to filing a civil action based on a constructionrelated accessibility claim that a facility does not conform with

applicable law, codes and standards for facilities for the

physically disabled, the plaintiff shall notify the defendant in

writing of the plaintiff’s assertion that the facility does not

comply with applicable law, codes and standards regulating

construction of facilities to accommodate physically disabled

individuals and the specific violations that the plaintiff asserts.

The notice shall be sent by certified mail with return receipt

requested at least one hundred twenty (120) days prior to the filing

of a petition.

B. In any civil action based on a construction-related

accessibility claim that a facility does not conform with applicable

law, codes and standards for facilities for the physically disabled,

the plaintiff shall attach to the petition:

1. A copy of the notice required by subsection A of this

section; and

2. A copy of the certified mail return receipt signed by the

defendant or person authorized to receive service of process for the

defendant.

C. If a civil action based on a construction-related

accessibility claim that a facility does not conform with applicable

law, codes and standards for facilities for the physically disabled

is filed without the documentation required by subsection B of this

section or if the petition is filed less than one hundred twenty

(120) days after the date the notice required by subsection A of

this section is sent, the court shall, upon motion of the defendant,

dismiss the action without prejudice to its refiling.

D. If the defendant corrects the alleged defect prior to the

filing of the petition and the plaintiff files the petition, the

court shall dismiss the action and award court costs and reasonable

attorney fees to the defendant. In addition, the court shall impose

sanctions if the action is determined to be frivolous pursuant to

Section 2011 of Title 12 of the Oklahoma Statutes.

E. If the defendant has made a reasonable effort to correct the

defect but has not completed the correction within one hundred

twenty (120) days of notification as directed in subsection A of

this section or prior to the filing of the petition, the court may,

upon application of the defendant for good cause shown, grant the

defendant a reasonable extension of time, based on the nature of

construction needed to correct the deficiency. If the correction is

completed within that period of time, the court shall dismiss the

action.

Added by Laws 2010, c. 153, § 1, eff. Nov. 1, 2010.