COMMENCEMENT OF ACTION BASED ON CONSTRUCTION-RELATED ACCESSIBILITY CLAIM.
§ 2003.2.Notification of Noncompliance Prior to Construction - Related Suit - Correction of Deficit
Chapter 39: Oklahoma Pleading Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2003.2 requires anyone planning to sue over a building's noncompliance with disability-accessibility construction codes to give the property owner 120 days' written notice by certified mail first, and lets the court dismiss or sanction a suit filed without that notice or after the defect has already been fixed.
Full Text of § 2003.2
A. Prior to filing 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, 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.
Amendment History
Added by Laws 2010, HB 2946, c. 153, §1, eff. 11/1/2010.
Plain-English Summary
This is a pre-suit notice-and-cure statute for construction-related accessibility claims. Before filing, the plaintiff must send the defendant written notice, by certified mail with return receipt, describing the specific violations, at least 120 days before filing a petition. The petition itself must attach a copy of that notice and the signed return receipt.
Miss either requirement -- no notice attached, or filed too soon -- and the court must dismiss on the defendant's motion, though without prejudice, so the plaintiff can refile once compliant. If the defendant fixes the problem before the petition is filed and the plaintiff sues anyway, the court dismisses the case and orders the plaintiff to pay the defendant's costs and reasonable attorney fees, with sanctions under Section 2011 available if the suit was frivolous. A defendant working in good faith to fix the defect but running past 120 days can ask for more time, and the case is dismissed once the fix is done within that extension.
Frequently Asked Questions
How much notice does a property owner get before being sued over an accessibility defect?
At least 120 days' written notice by certified mail, return receipt requested, describing the specific alleged violations, under subsection A.
What happens if the plaintiff sues without sending that notice?
The court, on the defendant's motion, must dismiss the action without prejudice to refiling, per subsection C.
What if the owner already fixed the problem before being sued?
The court dismisses the case and orders the plaintiff to pay the defendant's court costs and reasonable attorney fees, and may impose sanctions under Section 2011 if the suit was frivolous.
Can a defendant get more time to fix the defect?
Yes -- on a showing of good cause and a genuine effort already underway, the court may grant a reasonable extension beyond the 120 days, and the case is dismissed if the correction is finished within that extended period.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma ADA construction notice requirement12 O.S. § 2003.2accessibility lawsuit pre-suit notice oklahomaconstruction accessibility claim 120 days