What should an Oklahoma foundation repair contract cover?
In short: A foundation repair contract sets out the scope of work, what "lift" means, what is excluded and who is responsible for drainage afterward. Federal rules give a 3-day cancellation right for many in-home sales, with exceptions 1. Oklahoma lien law sets strict deadlines for contractors and suppliers who go unpaid 2.
What can a repair contract spell out?
Topics that a written foundation repair contract can address include:
- Scope: number and location of piers (see loads, pier spacing and capacity), repair method, and how depth beyond an estimate is handled. Pier depth varies widely; Oklahoma installation records show Tulsa steel piers stopping at a median of 12 feet but ranging from 2 to 40 feet on one site 6.
- Lift expectation: foundations are not built perfectly level 4, so a contract can state the lift goal rather than promise "level."
- Disclosed risks: possible new cracks, changes in how doors and windows fit, disturbed landscaping, and plumbing damage. Forensic engineering guidance recommends plumbing tests after any lifting or lowering 4.
- Exclusions: conditions outside the repair, such as plumbing leaks, heave, or drainage problems the owner does not correct.
- Owner responsibilities: gutters, grading and watering. See surface drainage and grading.
- Engineering: if a licensed engineer is involved, an engineering completion letter comes from the engineer; a company may send a completion letter signed by its own representative but may not represent it as an engineering completion letter 5.
How does the FTC 3-day Cooling-Off Rule apply?
For covered sales made at a buyer's home, workplace or a seller's temporary location, the buyer can cancel for a full refund until midnight of the third business day after the sale 1. Key points 1:
- Home sales under $25 are not covered.
- Saturdays count as business days; Sundays and federal holidays do not.
- The seller must give notice of the cancellation right, two cancellation forms and a dated contract or receipt.
- Exceptions include sales needed to meet an emergency and sales made because the buyer asked the seller to visit to repair or maintain the buyer's personal property, although extra items bought beyond that request are covered.
- After a cancellation, the seller has 10 days to refund money and cancel any signed check.
Do foundation warranties carry over when a house is sold?
Oklahoma's seller disclosure form asks, "Are you aware of any previous foundation repairs?" and also asks about warranties covering the property, naming foundation warranties as an example 3. Whether a warranty transfers, and any transfer steps, fees or maintenance conditions, are set by the written warranty. Keeping pier logs, surveys and photos supports both warranty claims and buyer questions. See real estate disclosure and inspections.
How do Oklahoma mechanic's liens work?
A mechanic's lien is a legal claim against the property filed by someone who supplied labor or materials and was not paid. Oklahoma's rules under Title 42 2:
| Claimant | Deadline to file lien statement |
|---|---|
| Original contractor (contracted with the owner) | 4 months after last labor or materials (42 O.S. §142) |
| Subcontractor | 90 days after last labor or materials (42 O.S. §143) |
| Foreclosure suit on a filed lien | Within 1 year of filing (42 O.S. §172) |
Pre-lien notice (42 O.S. §142.6) 2:
- Sent to the original contractor and the owner no later than 75 days after last supplying materials, services, labor or equipment, and before the lien is filed.
- Not required for claims under $10,000, except on owner-occupied dwellings, where it applies regardless of amount.
- Not required on residential projects of four or fewer units where no unit is owner-occupied.
Other points 2:
- Lien statements are verified by affidavit and filed with the county clerk, who mails notice to the owner.
- An owner can discharge a lien by posting a bond or cash for 125% of the claim.
- The prevailing party may recover a reasonable attorney fee.
The bar journal summary is general information; the statutes themselves control any specific lien 2.
Related
- Lifting procedure and restoration
- Codes and permits
- Working with engineers
- Monitoring program
- Method selection matrix
- How to choose a foundation repair contractor in Oklahoma
Common questions
Can I cancel a foundation repair contract I signed at my house?
The FTC Cooling-Off Rule generally lets buyers cancel covered sales made at home until midnight of the third business day, but it does not cover sales made because the buyer asked the seller to come to the home to repair or maintain the buyer's personal property, except for extra items bought beyond that request.
How long does a contractor have to file a lien on my house in Oklahoma?
An original contractor that contracted with the owner must file within four months after the last labor or materials, and a subcontractor within 90 days, under Title 42 of the Oklahoma Statutes.
What is a pre-lien notice in Oklahoma?
It is a notice a lien claimant must send to the original contractor and the owner no later than 75 days after last supplying work or materials, before filing a lien; on owner-occupied homes it applies regardless of the claim amount.
Do I need to tell buyers about a foundation warranty?
Oklahoma's seller disclosure form asks whether the seller knows of previous foundation repairs and whether any warranties cover the property, naming foundation warranties as an example.
Sources
- Buyer's Remorse: The FTC's Cooling-Off Rule May Help Federal Trade Commission
- To Lien or Not To Lien (and How To Lien): A Summary of Oklahoma's Mechanic's and Materialmen's Lien Laws Oklahoma Bar Journal (Oklahoma Bar Association)
- 2026 Appendix A: Residential Property Condition Disclosure Statement Oklahoma Real Estate Commission
- Beyond the Building Code: Expansive Soils Journal of the National Academy of Forensic Engineers
- The Board's Bulletin, Vol. 21, Issue 4 (2007): Compliance Guidelines for Foundation Repair Companies Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors
- Oklahoma steel push pier installation records, 2025 (unpublished field data) TerraBrain field data
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