CJ-2026-159 - Avant Garde Construction, LLC v. Ryan J. Crandall

What's This Case About?

Let’s get one thing straight: someone built an entire house and got paid less than the down payment on a used Toyota. Avant Garde Construction, LLC says they built a full-blown custom residence from the ground up, only to be handed $21,887.49 and a middle finger in the form of silence. Now, they’re suing for $202,602.49 — and if the homeowners don’t cough up, the court might just sell their house at a sheriff’s auction like it’s a foreclosure episode of Property Virgins gone horribly wrong.

So who are we talking about here? On one side, you’ve got Avant Garde Construction, LLC — a Canadian County-based contractor with a name that sounds more like an art collective than a framing crew. They claim they’ve been in the business of building homes with a certain flair (presumably more “avant” than “garage”), and this lawsuit is their last resort after what they describe as two years of trust, sweat, and zero financial reciprocity. On the other side: Ryan and Sherry Crandall, a married couple who apparently decided to build a dream home on South Frisco Road in Yukon, Oklahoma. Whether they’re serial deadbeats or victims of a billing nightmare remains to be seen — but what’s not in dispute is that there’s now a house sitting on a property, and someone is very upset they haven’t been paid for building it.

Here’s how this saga allegedly went down. Back in early 2022 — springtime, cherry blossoms, birds chirping — Avant Garde says they struck a verbal deal with the Crandalls to construct a residential home on the couple’s land. No formal contract, no signed blueprints, no “I promise I’ll pay you” notarized by a notary named Earl. Just a handshake (or the legal equivalent thereof) and a plan to build a house. The understanding? Avant Garde would supply the labor, materials, equipment — basically everything except the land and the Wi-Fi password — and would get paid the bulk of the money once the job was done. That’s not unusual in construction; sometimes trust is the currency. Turns out, maybe it shouldn’t be.

Over the next two years, Avant Garde says they poured their resources into the project. They framed it, wired it, plumbed it, roofed it — you name it, they probably did it. By March 2024, they claim the house was complete. Move-in ready. Smell-of-fresh-paint, never-been-lived-in, HGTV-ready. And then came the awkward part: asking for payment. The Crandalls reportedly paid $21,887.49 — which, while not nothing, is about 10% of what Avant Garde says they’re owed. To put that in perspective, that’s like buying a $200,000 car and offering the dealer $22,000 and a gift card to Home Depot. The company sent demands. The Crandalls allegedly didn’t respond. And so, like any spurned contractor with legal representation, Avant Garde filed a mechanic’s lien in February 2025 — basically a legal “I helped build this, so if you sell it, I get paid” flag planted in the property records. When that didn’t move the needle? Lawsuit time.

Now, why are we in court? Three reasons, according to the filing. First: Breach of Contract. Even though the agreement was verbal, Avant Garde argues it was still binding. They did the work, the Crandalls got the house, and the payment part… well, that’s where things fell apart. Under Oklahoma law, verbal contracts for construction can be enforceable — especially if work was performed and accepted. So if the Crandalls nodded along to this arrangement, they might be on the hook.

Second: Quantum Meruit, which is Latin for “you can’t enjoy the benefits and ghost the bill.” Even if the court decides the verbal contract isn’t enforceable (maybe it was too vague, maybe it violated the statute of frauds), Avant Garde is saying, “Hey, we built a house that’s now worth hundreds of thousands of dollars, and you live in it. You can’t just pretend that didn’t happen.” Quantum meruit is the legal version of “you can’t eat my sandwich and then say we never agreed on a price.” The Crandalls benefited, so they should pay — at least the reasonable value of the work.

Third: Lien Foreclosure — the nuclear option. Avant Garde wants the court to officially recognize their mechanic’s lien as valid, and then, if the Crandalls still don’t pay, force a sheriff’s sale of the property. That means the house could be auctioned off, the proceeds used to pay the debt, and whatever’s left (if anything) goes to the Crandalls. It’s drastic, but that’s how mechanic’s liens work — they’re designed to protect contractors from getting stiffed. The twist? Avant Garde admits their lien is junior to the mortgage held by Homexpress Mortgage Corp. and MERS (Mortgage Electronic Registration Systems, Inc.), meaning the bank gets paid first. They’re also acknowledging the Oklahoma Tax Commission and the County Treasurer might have claims for unpaid property taxes — which, under Oklahoma law, rank even higher than construction liens. So if the house sells, it’s a financial free-for-all: taxes first, then mortgage, then maybe — maybe — Avant Garde.

And what do they want? $202,602.49 — that’s the exact amount they say they’re owed as of February 2025. Plus interest. Plus attorney’s fees. Plus the right to foreclose. In the world of custom home builds, that’s not an outrageous sum — materials alone on a high-end house can blow past $150K before you even hire a single worker. But here’s the kicker: the Crandalls already paid less than $22,000. So either Avant Garde is wildly overcharging, or the Crandalls got a house worth north of $200K and paid for roughly one wall and a bathroom. Also, a jury trial has been demanded — meaning this isn’t just a paperwork fight. Real people will sit in a courtroom, hear both sides, and decide who’s telling the truth. Or at least who’s more believable.

Now, our take? Look, we’re not here to play judge, jury, and subcontractor — but come on. Building an entire house and getting paid less than a decent kitchen remodel? That’s wild. On the flip side, handing over a six-figure lien on your home because of a verbal agreement sounds like a homeowner’s worst nightmare. But here’s the most absurd part: nobody thought to write this down. In 2022, in the age of PDFs, e-signatures, and literally any construction management app, two adults agreed to build a house based on a conversation? That’s not just risky — that’s like skydiving without checking the parachute. If Avant Garde did all the work they claim, they deserve to be paid. But if the Crandalls thought they were only on the hook for $22K, then someone dropped the ball hard on communication. Either way, this case is a textbook example of why “we had a verbal agreement” should never be the foundation of a six-figure project — unless you’re also okay with it becoming the foundation of a lawsuit.

We’re rooting for clarity. And receipts. So many receipts.

Case Overview

$202,602 Demand Jury Trial Petition

Jurisdiction

District Court of Canadian County, Oklahoma

Filing Attorney

Ann Richard-Farinha

HARTSFIELD & EGBERT, PLLC

Relief Sought

$202,602 Monetary

Injunctive Relief

Plaintiffs

Avant Garde Construction, LLC business
Rep: Ann Richard-Farinha, OBA #20815

Defendants

Ryan J. Crandall individual
Sherry Crandall individual
HOMEXPRESS MORTGAGE CORP. business
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ('MERS') business
OKLAHOMA TAX COMMISSION government
JAY K. ARNOLD, County Treasurer for Canadian County, Oklahoma government

Claims

#	Cause of Action	Description
1	Breach of Contract	Plaintiff claims Defendants failed to pay for construction services
2	Quantum Meruit	Plaintiff claims Defendants were unjustly enriched by receipt of construction services
3	Lien Foreclosure	Plaintiff seeks to foreclose on a mechanic's lien against Defendants' property

Petition Text

1,459 words

IN THE DISTRICT COURT OF CANADIAN COUNTY STATE OF OKLAHOMA AVANT GARDE CONSTRUCTION, LLC, an ) Oklahoma Limited Liability Company, ) PLAINTIFF, ) ) v. ) ) RYAN J. CRANDALL and SHERRY ) CRANDALL, HOMEXPRESS MORTGAGE ) CORP., MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, INC. ("MERS"), ) and OKLAHOMA TAX COMMISSION, and ) JAY K. ARNOLD, COUNTY TREASURER ) FOR CANADIAN COUNTY, OKLAHOMA ) DEFENDANTS. ) CASE NO. CJ-2026- PETITION COMES NOW Plaintiff, AVANT GARDE CONSTRUCTION, LLC, and for its claims for relief against Defendants, does state and allege the following: PARTIES, VENUE & JURISDICTION 1. AVANT GARDE CONSTRUCTION, LLC (hereinafter “Plaintiff”) has its principal place of business in Canadian County, Oklahoma. 2. Ryan J. Crandall and Sherry Crandall (hereinafter collectively “Crandalls”) reside at 5800 S. Frisco Road, Yukon, Canadian County, Oklahoma (hereinafter “Subject Property”). 3. Plaintiff performed construction services at the Subject Property on behalf of the Crandalls. 4. All matters relating to the dispute which gave rise to the above captioned action arose in Canadian County, Oklahoma, and therefore jurisdiction and venue of this Court is proper. GENERAL ALLEGATIONS 5. In March or April of 2022, Plaintiff and the Crandalls entered into a verbal agreement whereby Plaintiff agreed to furnish labor, materials, and equipment to construct a residence at the Subject Property. 6. Plaintiff was to be paid the bulk of the contract sum at completion of the construction work. 7. Plaintiff completed the construction of the residence on or about March of 2024. 8. The Crandalls only partially paid Plaintiff a total of $21,887.49. 9. Plaintiff has never been fully paid for its work at the Subject Property. 10. Despite Plaintiff’s demand for payment in full, the Crandalls have failed to and refused to pay the amount owed to Plaintiff. 11. As a result of the non-payment by the Crandalls, there is now due and owing by the Crandalls to Plaintiff the sum of $202,602.49. 12. Plaintiff has had to retain the services of an attorney to assist in this matter and is entitled to recover fees and costs associated with this litigation. FIRST CLAIM FOR RELIEF BREACH OF CONTRACT 13. Plaintiff reincorporates paragraphs 1-12 as though fully set forth herein. 14. Plaintiff and the Crandalls entered into a valid and enforceable Contract. 15. The Crandalls breached the Contract by failing to pay Plaintiff the contracted for amount for the services and materials supplied by Plaintiff at the Subject Property. 16. As a result of the Crandalls’s breach of the Contract, Plaintiff suffered damages in excess of $75,000.00. SECOND CLAIM FOR RELIEF QUANTUM MERUIT 17. Plaintiff reincorporates paragraphs 1-16 as though fully set forth herein. 18. Plaintiff provided labor, equipment, and materials to the Crandalls which were of value to the Crandalls. 19. The Crandalls used, enjoyed, and accepted said labor, equipment and materials supplied by Plaintiff. 20. Plaintiff, in providing said labor, equipment, and materials, expected to be compensated for same. 21. The Crandalls have been unjustly enriched by receipt of said labor, equipment, and materials. The unjust enrichment of the Crandalls were incurred at the expense of Plaintiff. 22. Plaintiff has suffered damages in excess of $75,000. THIRD CLAIM FOR RELIEF LIEN FORECLOSURE 23. Plaintiff reincorporates paragraphs 1-22 as though fully set forth herein. 24. As a result of the non-payment of said account, there is now due and owing to Plaintiff from the Crandalls the sum of $202,602.49. 25. As a result of the failure of the Crandalls to pay said account relative to said labor, equipment, and materials necessary to perform the work defined in the Contract, on or about February 21, 2025, Plaintiff caused to be filed a mechanic’s and materialman’s lien, Doc. No. M 2025 967, against the Subject Property which was duly recorded in the records of the County Clerk of Canadian County, Oklahoma at book 118, pages 792-795. 26. Said lien, by its terms, pertains to the labor, equipment, and materials provided at the Subject Property from 2022 through November 2024. 27. Said lien, by its terms, secured the sums due and owing under said contract, account and itemized statement and constituted a good and valid lien against the Subject Property. 28. Plaintiff has duly performed all conditions precedent to the collection of sums due under the Contract and account and to the enforcement of said lien. 29. As a result of the default by the Crandalls in the payment of said account in accordance with the terms of the Contract, Plaintiff is entitled to foreclosure of said lien. 30. That the Defendants, HOMEXPRESS MORTGAGE CORP. and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., may claim some right, title, lien, estate, encumbrance, claim, assessment or other interest in and to the Subject Property on account of a Mortgage filed in the office of the County Clerk for Canadian County, Oklahoma, on April 2, 2024, as Document No. R 2024 7654, Book 5822 pages 1136-1154, and that said Defendants should be summoned in this action and required to appear herein and assert the extent, validity and priority of any such interests, and Plaintiff acknowledges that its lien against the Subject Property is junior and inferior to said judgment lien, and that this action, and any subsequent sheriff’s sale of the Subject Property by Plaintiff, shall be made and done subject to said judgment lien. 31. That the Defendant OKLAHOMA TAX COMMISSION may claim some right, title, lien, estate, encumbrance, claim, assessment or other interest in and to the Subject Property on account of a tax warrant filed in the office of the County Clerk for Canadian County, Oklahoma, on May 21, 2025, as Document No. M 2025 3194, Book 121 page 448, and that said Defendant should be summoned in this action and required to appear herein and assert the extent, validity and priority of any such interests, and Plaintiff acknowledges that any such delinquent taxes are by law superior to Plaintiff’s lien sued upon herein, and that said Defendant should be summoned in this case and made to establish in this suit any right, title or interest it may claim, or have the right to claim, in and to the Subject Property, or be forever barred from claiming any such right, title or interest. 32. That Defendant Jay K. Arnold, County Treasurer for Canadian County, Oklahoma, may claim some right, title, lien, estate, encumbrance, claim assessment or interest in and to the Subject Property for and on account of delinquent ad valorum taxes assessed against the Subject Property, and Plaintiff acknowledges that any such delinquent taxes are by law superior to Plaintiff’s lien sued upon herein, and that said Defendant should be summoned in this case and made to establish in this suit any right, title or interest it may claim, or have the right to claim, in and to the Subject Property, or be forever barred from claiming any such right, title or interest. 33. That Plaintiff has performed all conditions precedent to the filing of this Petition and is entitled to the relief requested herein. 34. THIS IS AN ATTEMPT TO COLLECT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C.A. Sec. 1692, unless the person or entity responsible for the payment of the above debts, within thirty (30) days after service of this pleading, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid. If such person or entity notifies the undersigned attorney in writing within thirty (30) day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debts and a copy of such verification will be mailed to said person or entity; and upon written request by you within the thirty (30) day period, the undersigned attorney for the creditor will provide the name and address of the original creditor, if different from the current creditor. WHEREFORE, premises considered, Plaintiff prays for judgement in personam and in rem of and from Defendants Ryan J. Crandall and Sherry Crandall in the current amount of $202,602.49, said amount representing monies owing to Plaintiff through February 21, 2025, and as well as attorney’s fees and costs (as permitted by law), pre- and post-judgment interest (as permitted by law), until said judgment is paid in full; that it further recover a judgment of foreclosure against all Defendants decreeing its lien to be a valid and subsisting lien on the real estate described herein for the full amount of the judgment; that said lien be foreclosed; and that said property be sold at sheriff's sale to satisfy the indebtedness secured thereby; that all Defendants, and each of them, and all those claiming by, through, or under them since the commencement of this action, be forever barred, foreclosed, and enjoined from asserting or claiming any right, title, interest, or estate in or to the said premises, and for such other and further relief as this Court may deem equitable and necessary in the premises. Respectfully submitted, ______________________________ Ann Richard-Farinha, OBA #20815 HARTSFIELD & EGBERT, PLLC 764 N. Santa Fe Avenue Edmond, Oklahoma 73003 Telephone: (405)285-6858 Facsimile: (405)285-6911 Email: [email protected] ATTORNEY FOR PLAINTIFF JURY TRIAL DEMANDED ATTORNEY LIEN CLAIMED