CJ-2026-221 - Icon Roofing and Construction LLC v. Allen G. Carter, Jr.

What's This Case About?

Let’s get one thing straight: you don’t sue someone for $11,331.06 unless feelings are deeply hurt—and by feelings, we mean bank accounts. In what can only be described as a modern-day Oklahoma Roofing Tragedy, a contractor is now dragging a homeowner through the District Court of Comanche County because, despite getting a brand-new roof, skylights, windows, and possibly a renewed sense of shelter-in-place confidence, the homeowner apparently decided that “full payment” was more of a suggestion than a requirement. Icon Roofing and Construction LLC didn’t just show up with shingles and ambition—they showed up with a spreadsheet, a signed contract, and the cold, hard fury of a business that got stiffed. And now, they want every penny, plus interest, attorney fees, and the sweet, sweet vindication of a judge saying, “Yes, sir, you do owe them.”

So who are these people? On one side, we’ve got Icon Roofing and Construction LLC, a full-service Oklahoma-based contractor with a website, a fleet (probably), and a team of lawyers from the firm BALL | MORSE | LOWE PLLC—yes, that’s really the name, and no, we don’t know if they play drums in a garage band on weekends. They’re the kind of company that sends invoices with subtotals, discounts, and line items for windows like they’re selling software, not storm damage repairs. On the other side is Allen G. Carter, Jr., a resident of Lawton, Oklahoma, who goes by “MSG Allen Carter” on the contract—possibly a military title, possibly a typo, possibly a cry for respect. He owns a house at 340 SW Boatsman Ave, which, as of July 2023, had a roof in need of serious intervention. How serious? So serious that his insurance company agreed to cover most of the cost to replace it, leaving Mr. Carter on the hook only for his deductible and any upgrades. A perfect setup, really—insurance pays the lion’s share, contractor does the work, homeowner gets a new roof without draining their savings. Everyone wins. Except, of course, when someone doesn’t pay. Then it’s war.

Here’s how it all went down. On July 29, 2023, Mr. Carter signed a Residential Roofing Contract with Icon. The scope? A full roof replacement, skylight replacement, window repairs, soffit, siding, and anything else the insurance company said “yes” to. The total price tag? $37,366.85—though part of that was contingent on insurance supplements, which, in insurance-speak, means “we’ll see what the adjuster coughs up.” The contract was clear: the only money Mr. Carter had to pay out of pocket was his $4,000 deductible and any upgrades. The rest? Covered by insurance. Icon even laid out the payment plan: first chunk when the actual cash value (ACV) check hit, second when recoverable depreciation (REC) came through, and so on. It was like a roofing installment plan, but instead of “buy now, pay later,” it was “insurance pays, we build, you don’t ghost us.”

Work began around August 26, 2023. Icon did their thing—delivered materials, swung hammers, replaced skylights (which, let’s be honest, is the VIP section of any roof job). By September 22, 2023, they’d completed the work in what they describe as a “good and workmanlike manner,” which is legalese for “we didn’t cut corners, we didn’t use duct tape, and the roof doesn’t leak when it rains.” That same day, they sent Mr. Carter an invoice—Invoice 741-1—for the remaining balance: $11,331.06. Now, let’s break that down. Icon says they received two payments: $17,448.65 on August 30, 2023, and—wait for it—$8,587.14 on February 26, 2024 (the filing says 2025, but that’s almost certainly a typo). Add those up, and you get $26,035.79. Subtract that from the total contract price of $37,366.85, and yep—$11,331.06 still owed. Icon says they’ve made “multiple demands” for payment. Mr. Carter, according to the filing, has made zero additional payments and hasn’t even attempted to explain himself. No calls. No emails. No “my dog ate the check.” Just silence. Radio silence. The kind of silence that makes a contractor start Googling “how to sue a homeowner in Oklahoma.”

So why are they in court? Two reasons, both wrapped in legal packaging but simple enough for the rest of us to understand. First: Breach of Contract. That’s a fancy way of saying, “You signed a deal, we held up our end, and you didn’t pay. That’s not how this works.” Icon says they did everything they promised—replaced the roof, fixed the windows, followed the insurance scope—and Mr. Carter agreed to pay. He didn’t. That’s a breach. Second: Unjust Enrichment. Even if the contract somehow fell apart (it didn’t), the argument goes, Mr. Carter still got a brand-new roof. He’s living under it. He’s benefiting from it. It’s keeping him dry during Oklahoma thunderstorms. It would be unjust, the filing argues, for him to enjoy all that value without paying for it. You can’t eat the cake and keep the money, Mr. Carter. Not in civil court, anyway.

Now, what does Icon want? $11,331.06 in actual damages—plus interest, attorney fees, and court costs. Is that a lot? In roofing terms? Not really. A full roof replacement in Oklahoma can easily run $20K–$40K, depending on size, materials, and whether you want your skylight to double as a stargazing portal. $11K is less than a third of the total job. But to a small contractor? That’s payroll. That’s materials. That’s the difference between turning a profit and eating ramen for a month. And let’s not forget—the attorney team at BALL | MORSE | LOWE isn’t working for free. They’ve already filed a lien claim, which means if Mr. Carter sells the house, Icon gets paid first. This isn’t just about the money. It’s about principle. It’s about sending a message: We showed up. We worked. You don’t get to vanish.

Our take? The most absurd part isn’t the amount. It’s the audacity. Mr. Carter got a full roof overhaul—windows, skylights, siding—all covered mostly by insurance, and he still couldn’t cough up the remaining balance? Did he spend it on a boat? A timeshare? A lifetime supply of Oklahoma wind chimes? We don’t know. But here’s what we do know: if you sign a contract, you honor it. If you benefit from $37,000 worth of construction work, you don’t play dumb when the bill comes. Icon didn’t overcharge. They didn’t half-ass the job. They sent invoices, they waited, they followed up. And now they’re in court, not because they’re greedy, but because they’re tired of being treated like a suggestion.

We’re rooting for the roofers. Not because they’re flawless, but because they did what they promised. And in a world where people ghost contractors like bad dates, sometimes justice is just a judge saying, “Pay the man.” Or, in this case, pay the LLC.

Case Overview

Petition

Jurisdiction

District Court of Comanche County, Oklahoma

Filing Attorney

Jordan M. LePage

BALL | MORSE | LOWE PLLC

Relief Sought

$11,331 Monetary

Plaintiffs

Icon Roofing and Construction LLC business
Rep: Jordan M. LePage, Patrick H. Lane, Jordan M. LePage, Shayla B. Powers, Ariel Y. Mathis

Defendants

Allen G. Carter, Jr. individual

Claims

#	Cause of Action	Description
1	Breach of Contract	Failure to pay for goods and services provided
2	Unjust Enrichment	Retention of benefits received from goods and services

Petition Text

1,593 words

IN THE DISTRICT COURT OF COMANCHE COUNTY STATE OF OKLAHOMA ICON ROOFING AND CONSTRUCTION ) LLC, an Oklahoma limited liability company, ) ) Plaintiff, ) ) ) ) v. ) ALLEN G. CARTER, Jr., an individual, ) Defendant. PETITION COMES NOW Plaintiff, Icon Roofing and Construction LLC, (hereinafter “Icon”) by and through its counsel of record, and for its cause of action against Defendant Allen G. Carter, Jr. (hereinafter “Mr. Carter”) and alleges and states as follows: I. JURISDICTION AND VENUE 1. Icon is an Oklahoma limited liability company based in Oklahoma County, Oklahoma and doing business in several counties, including Comanche County, Oklahoma. 2. Mr. Carter is an individual who resides in Comanche County, Oklahoma. 3. The claims alleged herein arose out of Defendant’s failure to pay Plaintiff for goods and services Icon provided to Mr. Carter on and for Defendant’s roof replacement. 4. Jurisdiction is proper in this Court pursuant to 12 O.S. § 2004(F). 5. Venue is proper in this Court pursuant to 12 O.S. § 142. II. FACTS Icon incorporates by reference each and every one of the allegations made above. 6. Mr. Carter is the owner of real property described as Lot Forty-Three (43), Block Four (4), BLY’s POINTE ADDITION, PART TWO, TO THE CITY OF LAWTON, COMANCHE COUNTY, OKLAHOMA, more commonly known as 340 SW Boatsman Ave, Lawton, Oklahoma 73505 (hereinafter referred to as “Real Property”). 7. On July 29, 2023, Plaintiff and Mr. Carter entered into an agreement for which Icon would provide goods and services to Mr. Carter and Mr. Carter would timely pay Icon for the goods and services received in the amount of $37,366.85 (hereinafter “Contract”). See, Exhibit 1, Residential Roofing Contract. 8. Icon performed services for Mr. Carter on the Real Property until on or about September 22, 2023, and Icon provided all goods and services as contracted in a good and workmanlike manner. 9. Mr. Carter remitted or caused to be remitted certain partial payments to Icon, being $17,448.65 remitted on August 30, 2023, and $8,578.14 remitted on February 26, 2025. 10. On September 22, 2023, Icon sent an invoice to Mr. Carter for the balance owed in the total amount of $11,331.06. See, Exhibit 2, Invoice 741-1. 11. Icon has made multiple demands for complete payment and satisfaction of Invoice 741-1 and Mr. Carter has not made any additional payments nor attempts to satisfy the same. 12. Mr. Carter has failed to fully pay the Plaintiff pursuant to the terms of the Contract. III. THEORIES OF RECOVERY a. Breach of Contract Icon incorporates by reference each and every one of the allegations made above. 13. The parties were capable of entering into the Contract at the time of the agreement. 14. Icon performed all conditions precedent under the Contract and provided the agreed upon goods and services. 15. Icon performed all services and provided all goods in a good and workmanlike manner. 16. Mr. Carter breached his Contract with Icon by failing to make payment to Icon for the remaining amount owed for the goods and services provided by Icon. 17. Icon has suffered damages in the amount of $11,331.06, plus interest, attorney fees and costs expended to collect the amount due as a result of Mr. Carter’s breach. b. Unjust Enrichment Icon incorporates by reference each and every one of the allegations made above. 18. Mr. Carter received goods and services from Icon which directly benefited him and the Real Property. 19. Mr. Carter retains the benefits received from Icon’s goods and services rendered. 20. Icon incurred costs and expended work to deliver the benefits received and retained by Mr. Carter. 21. It would be unjust for Mr. Carter to retain the benefits received from the goods and services provided by Icon without full and adequate compensation to Icon. WHEREFORE, Plaintiff, Icon Roofing and Construction LLC, prays for judgment in its favor against Defendant, Allen G. Carter, Jr., and for an award in Plaintiff’s favor in the amount of its actual damages of $11,331.06, interest thereon according to law, reasonable attorney fees and costs, and any other relief which this honorable Court deems just and equitable. Respectfully submitted, \vs\ Jordan M. LePage Patrick H. Lane, OBA #30885 Jordan M. LePage, OBA #32446 Shayla B. Powers, OBA #36237 Ariel Y. Mathis, OBA #36813 BALL | MORSE | LOWE PLLC 531 Couch Drive, Suite 201 Oklahoma City, OK 73102 (405) 701-5355 (405) 701-2830 Fax [email protected] [email protected] [email protected] [email protected] Electronic Service: [email protected] ATTORNEYS LIEN CLAIMED ATTORNEYS FOR PLAINTIFF ICON ROOFING AND CONSTRUCTION LLC VERIFICATION I, Brad Bates, of lawful age, on behalf of Icon Roofing and Construction, LLC, declare under penalty of perjury under the laws of the State of Oklahoma, that I have reviewed the foregoing Petition, and the facts therein are true and correct to the best of my knowledge and belief. 3/23/2026 Dated: ________________________________. Brad Bates Brad Bates, on behalf of Icon Roofing and Construction, LLC OWNER(S) INFORMATION Owner's Name: MSG Allen Carter Owner's Address: 340 SW BOATSMAN AVE Owner's City, State, ZIP: Lawton, OK 73505 Owner's Phone: 915.267.4075 RESIDENTIAL ROOFING CONTRACT NO. ICON ROOFING icon Roofing & Construction LLC 1000 SW 104th Street Oklahoma City, OK 73170 Office...405.531.0950 Cell....405.403.6615 [email protected] www.iconroofingCompany.com I/WE, the Owner(s) of the property described above authorize ICON Roofing & Construction LLC, hereinafter referred to as "Contractor", to furnish all materials and labor, per the Insurance Company Scope of Loss and to the terms, specifications and provisions contained herein. A Copy of the Insurance Company Scope of Loss is Attached to and made a part of this Contract. a. Description of the work and the materials to be used: - TIZAR OFF & RENAME SHELLS W/ - REPAIR/REPLACE ROOF - REPLACE SKYLIGHTS - EVERYTHING APPROVED IN SCOPE - REPAIR/REPLACE WINDOWS AS APPROVED - REMAIN/RENAME SOFFIT, SIDING, FAEXIT AS APPROVED INSURANCE: THE ONLY COST TO THE PROPERTY OWNER IS THEIR DEDUCTIBLE, PLUS ANY UPGRADES CHOSEN OR ANY NON COVERED ITEMS THAT MUST BE REPLACED TO COMPLETE THE WORK. THE CONTRACT BALANCE IS PAID BY YOUR INSURANCE COMPANY PER FINAL LOSS INVOICE. THIS AGREEMENT IS NULL AND VOID AND DOES NOT OBLIGATE ANY PARTY TO IT SHOULD THE INSURANCE COMPANY REFUSE COVERAGE UNDER THIS CLAIM OR SHOULD THE COVERAGE OFFERED BE INSUFFICIENT FOR CONTRACTOR TO PROPERLY DO THE WORK. OWNER ACKNOWLEDGES CONTRACTOR IS A GENERAL CONTRACTOR AND AS SUCH IS ENTITLED TO 10% OVERHEAD AND 10% PROFIT AS ALLOWED BY INSURANCE INDUSTRY STANDARDS. THE WORK IS TO BE DONE BASED ON THE APPROVED INSURANCE PROCEEDS FOR THE ABOVE CLAIM. ALL WORK ON THE INSURANCE CO. SCOPE OF LOSS WILL BE DONE BY CONTRACTOR UNLESS EXPRESSLY WRITTEN OTHERWISE. ADDITIONAL WORK, NOT INCLUDED IN THE INSURANCE CO. SCOPE OF LOSS, NECESSARY TO MEET CODE OR OTHER PROJECT REQUIREMENTS, WILL BE SUBMITTED TO THE INSURANCE CO. AS A SUPPLEMENT TO THIS CLAIM. INSURANCE COMPANY APPROVAL OF ANY SUPPLEMENT IS NOT GUARANTEED. ALL INSURANCE PROCEEDS, ALONG WITH THE INSURANCE DEDUCTIBLE, AND INCLUDING SUPPLEMENTS (IF ANY), OVERHEAD & PROFIT OR RECOVERABLE DEPRECIATION AS WELL AS ANY OTHER FUNDS PAID BY THE INSURANCE COMPANY FOR THIS CLAIM, WILL BE USED TO PAY FOR THE WORK AND IS TO BE GIVEN TO CONTRACTOR. UPGRADES AND ANY OTHER NECESSARY ITEMS THAT ARE NOT PAID BY THE INSURANCE CO. WILL BE PAID BY OWNER. b. Description of any areas that will NOT be worked on: The Above Specifications (a.) & (b.) ARE or ARE NOT Continued on Additional Pages c. Payment: Contractor proposes to perform the above work, (subject to any additions and/or deductions pursuant to authorized change orders), for the following consideration: Total Sum of $ 25,754 + sup Down Payment (if any)$__________ PAYMENT DUE WHEN AMOUNT 1. PRIOR TO START ACV 17,666.65 2. WHEN RECEIVED REC 4,088.74 3. WHEN RECEIVED DEDUCTIBLE 4,000 4. AT ITS SUPPLEMENT PAYMENTS TO BE MADE IN INSTALLMENTS AS FOLLOWS: - OUTSIDE ROUND LIGHT - GARAGE DOOR MONEY TO STAT WI ALLEN d. Commencement and Completion of Work: Substantial commencement of work shall mean either the physical delivery of materials onto the premises or the performance of any labor and shall be subject to any permissible delays as per provision (5) on the reverse side. Approximate Start Date: 8/26/23 Approximate Completion Date: e. Acceptance: This contract is approved and accepted. I (we) understand there are no oral agreements or understandings between the parties of agreement. The written terms, provisions, plans (if any) and specifications in this contract is the entire agreement between the parties. Changes in agreement shall be done by written change order only and with the express approval of both parties. Changes may incur additional charges. Additional Provisions Of This Contract Are On The Reverse Side And May Be Continued On Subsequent Pages (see page number below). "Arbitration of Disputes" provision on page two (2), provision 13 and the NOTICE following this provision. If you agree to arbitration, initial on the below the NOTICE where indicated. Also, initial in the same place on EACH COPY of this contract. Owner - MSG Allen Carter 29 Jul 23 approved and accepted (owner) date approved and accepted (owner) approved (contractor) date You, the Buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See attached Notice of Cancellation for an explanation of this right. You may cancel this contract at any time within seventy-two (72) hours after have received written notification from your insurance company to pay for the goods and services to be paid under this contract has been denied. See attached Notice of Cancellation for an explanation of this right. Icon Roofing 1000 SW 104th St, Oklahoma City, Oklahoma, 73170 INVOICE Job: 741: Allen Carter Invoice Number: 741-1 Invoice Date: 09/22/2023 Terms: Upon Receipt Location Address 340 Southwest Boatsman Avenue Lawton, OK 73505 Allen Carter 340 Southwest Boatsman Avenue Lawton, OK 73505 INVOICE rcv $38,249.28 discount -$4,120.00 windows $3,237.57 Subtotal: Invoice $37,366.85 Grand Total $37,366.85 Payments/Credits: 08/30/2023 $17,448.65 02/26/2024 $8,587.14 Total Received: $26,035.79 Invoice Balance Due: $11,331.06 REMIT TO: 1000 SW 104th St, Oklahoma City, Oklahoma, 73170 Company Representative: Scott Reichardt (580) 483-6781 [email protected]