CJ-2024-00017 - Cody Vignal v. JTB Steel Buildings

What's This Case About?

Let’s get one thing straight: Cody Vignal doesn’t have a house. Not really. He has a steel skeleton of a dream, half-finished and rotting in the Oklahoma wind, haunted by promises that were made and never kept. And now, after five years of delays, broken timelines, and over $300,000 down the drain, he’s suing JTB Steel Buildings and the entire Wilhelm family — yes, all three Wilhelms — for $324,237.90. That’s not a typo. Three hundred twenty-four thousand, two hundred thirty-seven dollars and ninety cents. For a house that still isn’t done. For a project that was supposed to cost $192,000 and wrap up in one year. Instead, it’s become a financial purgatory where interest accrues, rent piles up, and the only thing being built is a mountain of legal grievances.

So who are these people? On one side, we’ve got Cody Vignal — a regular guy from Beckham County, Oklahoma, trying to build a home. Nothing flashy, just four walls, a roof, and the basic human right to stop paying rent while also paying for a house that doesn’t exist yet. On the other side? JTB Steel Buildings, a company so unregistered with the state of Oklahoma it might as well be a ghost. And running this phantom operation: Jason, Tyler, and Bailey Wilhelm — three men, one address, and apparently, one shared talent for not finishing what they start. They all live at the same place in Elk City, get served at the same place, and now, thanks to this lawsuit, they’re all being dragged into court together like a dysfunctional construction-themed boy band that never made it past the demo phase.

The story starts in 2019, back when hope was cheap and timelines were believable. Cody meets with JTB Steel Buildings, talks about his dream build — a 40x80-foot steel structure with a gambrel roof, covered porch, insulated walls, the whole deal. The Wilhelms hand him an “Allowance Sheet” — Exhibit A, baby — totaling $192,000. They promise completion by March 17, 2020. One year. That’s all they ask for. Cody, trusting as any homeowner should be when signing a contract, goes all in. He secures construction financing based entirely on that quote. The bank says yes. The dream is greenlit.

Then reality hits. Hard.

Instead of finishing in a year, the project limps forward like a wounded tractor. From October 2019 to February 2022, Cody pays $179,991 into the construction account — money that was supposed to cover labor, materials, everything. But the house? Still not done. So Cody starts paying out of pocket, too. Exhibit B is a gut punch in checkbook form: $2,000 here, $10,000 there, $12,000 for plumbing and electric — all scribbled out by Cody and his mom, Cindy Vignal, because apparently, at some point, the family checking account became the de facto general contractor. Total out-of-pocket? $117,500. And none of it brought the house over the finish line.

By November 2023 — over four years after the original deadline — Cody pleads with the Wilhelms one last time. “Just finish it,” he might as well have said, probably while staring at a pile of drywall and existential dread. In response, the Wilhelms deliver Exhibit C: a detailed 11-week completion timeline, broken down by floor, room, and task. It’s almost beautiful in its specificity. “Patch ceiling closet.” “Install outdoor AC unit.” “Replace glass pane.” They even throw in a two-week cushion for “overages and things I may have missed.” It’s like they wrote a to-do list for Santa Claus. And then… they did nothing. Not one item. Not a single screw tightened. As of the filing date — February 20, 2024 — the timeline remains untouched. The house remains uninhabitable. And Cody is still making mortgage payments on a home he can’t live in — to the tune of $26,746.90 — while also paying rent elsewhere. Let that sink in: he’s paying for two homes, neither of which is actually his.

So why are we in court? Because Cody isn’t just mad — he’s legally furious. His lawsuit lays out five causes of action, which sounds like overkill, but honestly? At this point, it feels like he’s being restrained. First up: Breach of Contract. Simple enough — you promised to build a house for X dollars by Y date. You didn’t. That’s a breach. But Cody doesn’t stop there. He hits them with Unjust Enrichment, arguing the Wilhelms took his money and either spent it on other projects or just straight-up pocketed it while doing zero work. Then come the big guns: Fraud, Fraudulent Inducement, and Negligent Misrepresentation. That’s not just “you messed up” — that’s “you lied to get my business and kept taking my money anyway.” He claims they knew the $192k quote and one-year timeline were impossible, but said it anyway to get the contract. And when Cody kept paying, they didn’t correct the record. They just cashed the checks.

And what does Cody want? $324,237.90. In context, that’s not just the money he paid — it’s the total financial wreckage: the construction loan payments, the out-of-pocket expenses, the mortgage on the unfinished house, the rent, the increased cost of materials due to delays, and yes — attorney fees, because after this circus, he deserves a nap and a billable hour or twelve. Is $324k a lot for a botched build? Well, the original quote was $192k. He’s now paid nearly double that — and still has no house. So no, it’s not too much. It’s what happens when you treat a homebuilding contract like a suggestion rather than a legal obligation.

Here’s the thing we can’t get over: the sheer audacity of Exhibit C. After four years of radio silence and half-finished drywall, the Wilhelms hand Cody a meticulously organized, almost passionate completion plan — and then do nothing. It’s not just failure. It’s performance art. It’s the construction equivalent of sending a RSVP with “+1, bringing casserole” and then ghosting the wedding. And the fact that JTB Steel Buildings isn’t even registered with the state? That’s the cherry on top. This whole operation has the vibe of a side hustle that got way too big, run out of a rural Oklahoma PO box by a trio of relatives who maybe should’ve stuck to mowing lawns.

We’re not saying we’re rooting for Cody because he’s flawless. Maybe he should’ve pulled the plug sooner. Maybe he should’ve sued in 2021. But at some point, you have to ask: how many chances does a builder get? How many times can you say “almost done” before it becomes fraud? This isn’t just about a house. It’s about trust. About promises. About the fact that in 2024, someone can take over $300,000 and deliver nothing — not even a functioning bathroom — and still expect to walk away scot-free. Nope. Not on our watch.

So bring on the trial. Bring on the depositions. Bring on the awkward courtroom moment when someone has to explain why “replace tin on roof ASAP” somehow never got done in four years. We’re not lawyers. We’re not judges. But we are invested. And if justice is served, Cody Vignal gets his money back — and the Wilhelms get a very expensive lesson in what happens when you treat a man’s dream home like a weekend DIY project you forgot about.

Case Overview

$324,238 Demand Jury Trial Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Anthony S. Moore and Justin E. Tharp

Christensen Law Group, P.L.L.C.

Relief Sought

$324,238 Monetary

$1 Punitive

Plaintiffs

Cody Vignal individual
Rep: Anthony S. Moore (OBA #22429) and Justin E. Tharp (OBA #34298)

Defendants

JTB Steel Buildings business
Jason Wilhelm individual
Tyler Wilhelm individual
Bailey Wilhelm individual

Claims

#	Cause of Action	Description
1	Breach of Contract	Plaintiff alleges that Defendants failed to perform their duties under the contract and failed to complete the Project as promised.
2	Unjust Enrichment	Plaintiff alleges that Defendants have been enriched by Plaintiff's payments for the Project, but have not been able to complete the Project.
3	Fraud/Deceit	Plaintiff alleges that Defendants made false representations to Plaintiff about the cost and completion date of the Project.
4	Fraudulent Inducement	Plaintiff alleges that Defendants made false representations to Plaintiff in order to induce Plaintiff to choose Defendants for the construction of the Project.
5	Negligent Misrepresentation	Plaintiff alleges that Defendants made negligent misrepresentations to Plaintiff about the cost and completion date of the Project.

Petition Text

2,325 words

IN THE DISTRICT COURT IN AND FOR BECKHAM COUNTY STATE OF OKLAHOMA CODY VIGNAL., Plaintiff, v. JTB STEEL BUILDINGS, JASON WILHELM, TYLER WILHEM, AND BAILEY WILHELM, Defendants. PETITION COMES NOW the Plaintiff, Cody Vignal (hereinafter “Plaintiff”), and for his causes of action, states as follows: PARTIES, JURISDICTION, AND VENUE 1. Plaintiff is an individual and resident of Beckham County, Oklahoma. 2. Defendant, JTB Steel Buildings (hereinafter “JTB”), is an entity not registered with the Oklahoma Secretary of State, will be served at his last known address, 11472 N. 2000 Road, Elk City, Oklahoma 73644. 3. Defendant, Jason Wilhelm (hereinafter “Jason”), is an individual and resident of Beckham County, Oklahoma, and will be served at his last known address, 11472 N. 2000 Road, Elk City, Oklahoma 73644, or wherever found. 4. Defendant, Tyler Wilhelm (hereinafter “Tyler”), is an individual and resident of Beckham County, Oklahoma, and will be served at his last known address, 11472 N. 2000 Road, Elk City, Oklahoma 73644, or wherever found. 5. Defendant, Bailey Wilhelm (hereinafter “Bailey”), is an individual and resident of Beckham County, Oklahoma, and will be served at his last known address, 11472 N. 2000 Road, Elk City, Oklahoma 73644, or wherever found. 6. The Court has personal jurisdiction over JTB, Jason, Tyler, and Bailey (hereinafter jointly referred to as the “Defendants”). 7. Venue is proper in Beckham County under 12 O.S. § 187 where Defendants conduct business within the county and the property at issue is currently located in Beckham County, and the conduct giving rise to the action arose in Beckham County. GENERAL FACTS 8. At the initial meeting, JTB and Plaintiff discussed the desired design of a steel building (hereinafter the “Project”). 9. On March 17, 2019, Defendants sent an Allowance Sheet, attached hereto as Exhibit “A” and incorporated herein by reference, to Plaintiff with a total Project quote of $192,000.00. 10. Defendants initially advised Plaintiff the Project would be completed by no later than March 17, 2020. 11. Plaintiff sought construction financing and was approved for a Construction Account based on the total amount of Defendants’ Allowance Sheet. 12. From October 2019 through February 2022, Plaintiffs principal and interest on the Construction Account reflects a total of funds paid to Defendants of $179,991.00. Plaintiff’s Construction Account continues to accrue interest despite the Project still not being complete. 13. Additionally, as evidenced by Exhibit “B” attached hereto and incorporated herein by reference (redacted for security purposes), Plaintiff has caused to be paid an additional $117,500.00 out of pocket from April 30, 2021 through August 8, 2023. 14. On or about November 19, 2023, Plaintiff again pleaded with Defendants to complete the Project. 15. Defendants provided a detailed Completion Timeline, attached hereto as Exhibit “C” and incorporated herein by reference, with a timeline of events for eleven (11) weeks of work with an addition (2) two-week cushion that would allegedly culminate in a February 16, 2024 completion date of the Project. 16. As of the date of this filing, nothing on the Completion Timeline has been completed. 17. Additionally, Plaintiff has paid $26,746.90 in home mortgage payments for a home that is not completed and is inhabitable. 18. Defendants have failed to perform their duties under the contract and multiple attempts at communication from Plaintiff have been ignored. FIRST CAUSE OF ACTION (BREACH OF CONTRACT) Plaintiff incorporates each and every allegation of facts or claims set forth in paragraphs 1 through 16, and further alleges as follows: 19. Plaintiff and Defendants entered into a contract for the completion of the Project. 20. All parties were capable of contracting and consented to the agreement. 21. The purpose of the contract was lawful and sufficient cause and consideration were given. 22. Plaintiff relied on the contract with Defendants to their detriment. 23. Plaintiff substantially performed all actions required of the contract including payment of all invoices. 24. Defendants have failed to perform its obligations under the contract. 25. Said failure constitutes a breach of contract for which Plaintiff has suffered actual economic loss, harm, and damage as described above. 26. Plaintiff has incurred costs and has been damaged by an unreasonable delay in building due to the actions and/or inaction of Defendants. 27. Defendants have failed to comply with the terms of the agreement, the Allowance Sheet, or the Completion Timeline. 28. As a direct result of Defendants’ breach, Plaintiff has been harmed by an increase in cost of labor and materials in the construction of his home. 29. Additionally, Plaintiff has had to pay ongoing rent while also making payments on the Construction Account loan. 30. As a result of Defendants’ breach and delay, Plaintiff is entitled to recover damages, together with pre and post-judgement interest, costs, and reasonable attorney’s fees. WHEREFORE, the Plaintiff prays for judgement on their First Cause of Action against Defendants for breach of contract in an amount in excess of $324,237.90, together with punitive damages, together with the Plaintiff’s costs, attorney fees, and such other relief as may be just and equitable. SECOND CAUSE OF ACTION (UJUST ENRICHMENT) The Plaintiff incorporates each and every allegation of facts or claims set forth in paragraphs 1 through 28, and further alleges as follows: 31. On information and belief, Defendants have spent money paid by Plaintiff for the Project on other projects contracted for by Defendants. 32. Defendants are in possession of or have spent monies paid by Plaintiff for completion of the Project but have not used the funds to complete the Project. 33. By failing to complete the Project, Defendants have avoided expenditures associated with the Project, resulting in a financial benefit to Defendants and to the detriment of Plaintiff. WHEREFORE, the Plaintiff prays for judgement on their Second Cause of Action against Defendants for unjust enrichment in an amount in excess of $324,237.90, together with punitive damages, together with the Plaintiff's costs, attorney fees, and such other relief as may be just and equitable. THIRD CAUSE OF ACTION (FRAUD/DECEIT) The Plaintiff incorporates each and every allegation of facts or claims set forth in paragraphs 1 through 31, and further alleges as follows: 34. Defendants represented to the Plaintiff a cost of $192,000.00 and a timeline of one year, being March 17, 2020, to complete the Project. 35. The Plaintiff relied on the representations by Defendants. 36. The representations made by Defendants were false. 37. Defendants knew that said representations were false and made such positive representations in reckless disregard of the truth. 38. Defendants intended for the Plaintiff to rely on said representations in order for Defendants to obtain the construction Project. WHEREFORE, the Plaintiff prays for judgement on their Third Cause of Action against Defendants for fraud and deceit in an amount in excess of $324,237.90, together with punitive damages, together with the Plaintiff's costs, attorney fees, and such other relief as may be just and equitable. FOURTH CAUSE OF ACTION (FRAUDULENT INDUCEMENT) The Plaintiff incorporates each and every allegation of facts or claims set forth in paragraphs 1 through 36, and further alleges as follows: 39. Defendants made false representations to the Plaintiff in order to induce them to choose Defendants for the construction of his Project. 40. Defendants suppressed and/or failed to disclose to the Plaintiff material facts known to Defendants in order to induce the Plaintiff into entering into a relationship with Defendants. 41. The Plaintiff relied on Defendants’ assurances that the cost of their Project could be completed for $192,000.00 and could be completed by March 17, 2020, 42. The Plaintiff began meeting with and reviewing plans with Defendants thereafter in reliance on Defendants’ representations. 43. The Plaintiff learned thereafter that the representations made by Defendants were false. 44. Defendants failed to disclose material facts, while misrepresenting other material facts. 45. Defendants actions and inactions constitute fraud against the Plaintiff. 46. As a result of the fraud committed by Defendants, the Plaintiff has been damaged. 47. Defendants is liable to the Plaintiff for compensatory and punitive damages, costs, attorney’s fees, and such other relief as the court finds just and proper. WHEREFORE, the Plaintiff prays for judgement on their Fourth Cause of Action against Defendants for fraudulent inducement in an amount in excess of $200,000.00, together with punitive damages, together with the Plaintiff's costs, attorney fees, and such other relief as may be just and equitable. FIFTH CAUSE OF ACTION (In the alternative, NEGLIGENT MISREPRESENTATION) The Plaintiff incorporates each and every allegation of facts or claims set forth in paragraphs 1 through 45, and further alleges as follows: 48. By affirming that the Plaintiff's Project could be completed for $192,000.00 and could be completed by March 17, 2020, despite knowing that Defendants could not complete the Project at that timeline, Defendants supplied the Plaintiff with false information. 49. Defendants directed the misrepresentations to the Plaintiff. 50. Defendants failed to exercise reasonable care or competence in making such representations to the Plaintiff. 51. The Plaintiff justifiably relied on Defendants' misrepresentations in proceeding with a relationship Defendants. 52. Defendants’ negligent misrepresentations proximately caused the Plaintiff to suffer damages. WHEREFORE, the Plaintiff prays for judgement on his Fifth Cause of Action against Defendants for negligent misrepresentation in an amount in excess of $324,237.90, together with punitive damages, together with the Plaintiff’s costs, attorney fees, and such other relief as may be just and equitable. Respectfully submitted, Anthony S. Moore (OBA #22429) Justin E. Tharp (OBA #34298) CHRISTENSEN LAW GROUP, P.L.L.C. Post Office Box 821 Clinton, Oklahoma 73601 Telephone: (405) 232-2020 Facsimile: (405) 236-1012 [email protected] [email protected] STATE OF OKLAHOMA COUNTY OF Beckham ss: Cody Vignal, being first duly sworn, and under oath, deposes and states: That he is the Plaintiff above named; that he has read the above and foregoing Petition; and that the allegations and statements therein contained are true and correct to the best of his knowledge and belief. Cody Vignal Subscribed and sworn to before me this 20 day of February, 2024. Torie Ashpaugh NOTARY PUBLIC My Commission Expires: 10-18-2024 Exhibit A JTB Steel Buildings 11472 N 2000 RD Elk City, OK. 73644 580-210-9471 Cody Vignal Building Allowance Sheet 03/17/19 <table> <tr> <th>Item</th> <th>Price</th> </tr> <tr> <td>40x80x18 Steel Building 2 Walkthrough, 3 OVH Door, Insulated, 4” Concrete, Gambrel Roof, 40ft Covered Porch</td> <td>$105,500.00</td> </tr> <tr> <td>Framing, Doors and Sheetrock</td> <td>$36,500.00</td> </tr> <tr> <td>Insulation</td> <td>$4,500.00</td> </tr> <tr> <td>Finish & Paint & Misc Interior</td> <td>$8,500.00</td> </tr> <tr> <td>Cabinets</td> <td>$9,000.00</td> </tr> <tr> <td>Kitchen and Bathroom Misc Ins</td> <td>$5,500.00</td> </tr> <tr> <td>Trim & Finish</td> <td>$3,500.00</td> </tr> <tr> <td>Electrical</td> <td>$10,500.00</td> </tr> <tr> <td>HVAC</td> <td>$8,500.00</td> </tr> <tr> <td><b>Total</b></td> <td><b>$192,000.00</b></td> </tr> <tr> <td><b>Projected Total</b></td> <td><b>$192,000.00</b></td> </tr> </table> Exhibit B Pay to JTB Steel Building $2,000 two thousand two hundred dollars First National Bank & Trust of Elk City cindy vigal 8/8/2023 #1918 $2,000.00 Pay to JTB $3,000 three thousand dollars First National Bank & Trust of Elk City cindy vigal 5/1/2023 #1310 $3,000.00 Pay to JTB Steel Buildings $5,000 five thousand dollars First National Bank & Trust of Elk City cindy vigal 3/3/2022 #1234 $5,000.00 Pay to JTB Steel Buildings $5,000 five thousand dollars First National Bank & Trust of Elk City cindy vigal 2/10/2022 #1266 $5,000.00 Pay to JTB Steel Buildings $10,000 ten thousand dollars First National Bank & Trust of Elk City cindy vigal 1/7/2022 #1097 $10,000.00 Pay to JTB Steel Buildings $4,000 four thousand dollars First National Bank & Trust of Elk City cindy vigal 1/27/2022 #1220 $4,000.00 Pay to JTB Steel $750 seventy-five hundred dollars First National Bank & Trust of Elk City cindy vigal 12/3/2021 #1182 $750.00 Pay to JTB Steel $450 sixty-five hundred dollars First National Bank & Trust of Elk City cindy vigal 12/2/2021 #1196 $450.00 Pay to JTB Steel Buildings $6,500 sixty-five hundred dollars First National Bank & Trust of Elk City cindy vigal 10/27/2021 #1146 $6,500.00 Pay to JTB Steel $10,000 ten thousand dollars First National Bank & Trust of Elk City cindy vigal 11/15/2021 #1160 $10,000.00 Exhibit B 10/5/2021 #1088 $6,000.00 Pay to JTB Steel Buildings $6,000.00 Six thousand six hundred dollars Cindy Vignal 7/31/2021 #1053 $12,000.00 Pay to JTB Steel Buildings $12,000.00 Twelve thousand twelve hundred dollars Cindy Vignal 7/29/2021 #1016 $12,000.00 Pay to JTB Steel Buildings $12,000.00 Twelve thousand twelve hundred dollars Cindy Vignal 10/15/2021 #1132 $6,500.00 Pay to JTB Steel Buildings $6,500.00 Six thousand five hundred dollars Cindy Vignal 10/18/2021 #1101 $6,500.00 Pay to JTB Steel Buildings $6,500.00 Six thousand five hundred dollars Cindy Vignal 9/23/2021 #1101 $7,000.00 Pay for contract: $7,000.00 Seventy thousand seven hundred dollars Cindy Vignal 9/27/2021 #1101 $7,000.00 Date 4-30-21 Pay to JTB Steel Buildings $14,500.00 Fourteen thousand five hundred five hundred dollars Gary & Cindy Vignal FIRST NATIONAL BANK & TRUST OF ELK CITY For lumber, plumbing, electric Cindy Vignal 5/4/2021 #4308 $14,500.00 Exhibit C Vignal House 11/19/23 Project Completion Deadline 02/16/24 1st Floor Timeline Estimation 3.25 – 3.5 Weeks Bedroom Window Return Patch Ceiling Closet Paint Closet Closet Light Fixture Paint Touchups / Corners Face Plates Trim Bathroom Patch A Few Screw Holes Bath Tub Caulk, Hardware, Door Paint Touchups Light Fixtures Vent Faceplates & Switches Trim Door Jam Adjustment Kitchen Window Returns Finish Prime and Paint Patches Ceilings Paint Corners Cut In Vent Hood Tubing Ceiling Fan Light Trims Island Backing Countertop Back Splash Light Fixture Finish Stairs Ceiling Registers Switches and Faceplates Trim Pantry & Hallway Area Tape and Mud Water Closet Install Water Heater / Softener etc. Paint Touchups & Corners Install Outlets, Switches and Faceplates Install Outdoor AC Unit Pantry Light Fixture Trim Exhibit C 2nd Floor Timeline Estimation 3.25 – 3.5 Weeks Stairwell / Hallway Fix Drywall Blemish 2nd Coat of Paint Plus Corners Faceplates + 1 Outlet / Light trims Finish Stairs & Stairwell Trim Laundry Room Drywall Blemish 2nd Coat Paint + Corners Dryer Vent Light Fixture Outlets & Faceplates Hang Door Trim Bedroom Prime Patch Finish Window Return 2nd Coat Paint + Corners Install 1 Swich Faceplates Ceiling Fan Light Trims Hang Door Trim Bathroom Sand & Prime Toilet Room Sand & Prime Around Shower Finish Sower Tile and Hardware / Glass Finish Window Return Replace Glass Pane Tub Plumbing Floor Box 2nd Coat of Paint + Corners Hang Toilet Room Door Light Fixtures / Heater / Vanity Lights Outlets, switches, faceplates 2 Light Trims Trim Closet 2nd Coat of Paint + Corners Light Trims Door Trim Exhibit C 3rd Floor Timeline Estimation 4 Weeks Main Room / Hallway Run Main Electric Feed to Breaker Box Touchup on Drywall Flaws / Cracks Prime Repairs Finish Window Returns 2 Coats of Paint Switches, Outlets, Faceplates Thermostat Air Handler Install and Duct Connections Install Lights Close Attic And Seal / Insulation PRIORITY Set AC Trim Bathroom / Closet Area Touchup on any drywall flaws Paint 2 coats Finish out Tub Caulking, Door Lights, Vent Switches, Outlets, Faceplates Hang Doors Trim Bedroom / Closet Touchup Drywall Flaws Prime 2 Coats of Paint Outlets, Switches, Faceplates Ceiling Fan / Light Fixture Hang Doors Trim Replace Tin on Roof ASAP + NE Corner Trim PRIORITY Tie in all plumbing to water supply and sewer Leaves approximately a 2 week surplus in timeline to be used for overages and things I may have missed.