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Construction Litigation Attorneys in Oklahoma

When conversation stops being productive and the stakes are high, you need an experienced litigator to be your advocate. 

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Protecting You When Construction Goes Wrong

At Ball Morse Lowe, we are focused on protecting the rights of general contractors, subcontractors, owners, and vendors involved in construction litigation.  

Our team has years of litigation experience representing all sides of construction disputes, which provides us with the expertise necessary to handle any type of case involving construction litigation. 

We represent clients in construction litigation across the entire state of Oklahoma in cases involving construction contract and change order disputes, contract negotiation and more. 

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Contact Us Today to Discuss Your Construction Litigation Case

Our team can help you navigate your options and understand your best path forward. Contact us today to see if Ball Morse Lowe can help, and schedule your free consultation.  

How the Construction Litigation Process Works

Retain an Attorney

Reach out to our team to schedule your free consultation with an attorney. From there, if you’re ready to move forward and think we’re the best fit, you’ll get started with your new legal team. 

Initial Consultation and Case Evaluation

The process begins with a detailed review of your situation. We’ll examine relevant contracts, financial records, communications, and any prior agreements to assess the strength of your claims or defenses. During this stage, we’ll explain potential strategies, risks, and outcomes — helping you make an informed decision about how to proceed. 

Pre-Litigation Strategy and Negotiation

Before filing a lawsuit, we often explore whether the dispute can be resolved through negotiation, mediation, or another form of alternative dispute resolution. In many cases, a carefully structured conversation or settlement demand can lead to a favorable resolution without the time and expense of full litigation.

Filing the Lawsuit

If litigation is the right path, we prepare and file a petition (complaint) in the appropriate Oklahoma court, setting out your legal claims and desired relief. The opposing party is served with the petition and given time to respond. From there, the case formally enters the litigation phase.

Discovery

Both sides exchange evidence and information through written discovery, depositions, and document production. This stage can take several months, depending on the complexity of the case. It’s where we uncover the facts needed to strengthen your position and refine your strategy.

Resolution

Many construction disputes are resolved through settlement discussions or mediation once discovery clarifies the issues. If settlement isn’t possible, the case proceeds to trial, where a judge or jury determines the outcome.

Our attorneys are skilled advocates who prepare thoroughly for every possibility, ensuring your case is ready for whatever path it takes.

Construction Litigation Frequently Asked Questions

What kinds of construction litigation cases do you take?

We represent clients in cases involving: 

 We work with several types of construction litigation, including:

  • Construction contract and change order disputes 
  • Contract negotiation 
  • Mechanic’s and materialman’s claims 
  • Construction trust litigation 
  • Construction defect litigation 
  • Liquidated damages 
  • Limitations on liability 
  • No damages for delay 
  • Enforcing payment bond claims 
When do I need to hire a construction litigation attorney?

When to hire an attorney varies from case to case. For example, if you’re in a position where you might need to file a lien on real property, the law imposes certain deadlines and other requirements you must comply with to preserve your lien.

What that in mind, it makes sense to contact attorney as soon as payment becomes an issue. Other times, you may want to wait to hire an attorney because litigation is costly, and it can takes a long time to recover any damages. We don’t want any settlement you might recoup to only go towards attorney fees.  
Can a construction dispute be resolved without going to court? Yes, many disputes are settled before going to court, through negotiation, mediation, or arbitration. Our desire is always for the best and most cost-effective outcome, so we try to avoid trial if we can.
My contractor gave me a written estimate at the start of the project, but the final amount I was billed for was more. Is he at fault?

Generally, unless a contract was signed, a written estimate may not be legally binding.  

Signing a contract before construction begins is always best to make sure you are in agreement on the total scope of the project, and clear on the terms for additional work or labor needed.  
How can I avoid construction disputes in the first place? The best protection starts with clear, well-drafted contracts and proactive communication. Working with an attorney before a project begins to review agreements, clarify responsibilities, and address risk, can save significant time, money, and stress later on.