CJ-2026-00100 - Icon Roofing and Construction LLC v. Don L. Boyne and Mary Louise Boyne

What's This Case About?

Let’s cut right to the chase: a roofing company is suing a married couple in Oklahoma for $26,760—because, allegedly, they got a whole new roof, brand-new gutters, a lifetime labor warranty, and a $20,000 “Peace of Mind Roof Guarantee,” then ghosted the bill like it was a bad first date. No drama-filled courtroom confessions, no accusations of arson or insurance fraud—just a very expensive roof, a canceled check, and one very annoyed contractor who’s now asking a judge to step in and play marriage counselor to a homeowner-roofer relationship gone horribly, financially wrong.

So who are these people? On one side, we’ve got Icon Roofing and Construction LLC—a slick, full-service Oklahoma roofing outfit that markets itself with phrases like “Lifetime Warranty on Labor” and “Peace of Mind Roof Guarantee,” which sounds less like a construction firm and more like a self-help seminar for shingles. They’re represented by a law firm with a name straight out of a legal drama: Ball | Morse | Lowe PLLC. You can practically hear the dramatic theme music. On the other side: Don and Mary Louise Boyne, a married couple living in Sapulpa, Oklahoma, in a house on South Moccasin Place that now, thanks to this lawsuit, has one of the most legally contested roofs in Creek County. They’re not represented by counsel—at least not yet—and their bank, AVB Bank, is also named in the suit, not because it did anything wrong, but because it might have some claim to the property if things go sideways. It’s like when your landlord shows up at your breakup to make sure the couch stays.

Now, let’s talk about what actually went down—because this isn’t just a “you didn’t pay” situation. This is a full-blown insurance-era saga. Back on September 6, 2024, Mary Louise Boyne signed a Residential Roofing Contract with Icon Roofing. The job? A full roof replacement, new gutters, all funded by insurance money—because, as the contract clearly states, “The only cost to the property owner is their deductible.” That’s the golden line. The homeowner isn’t supposed to pay the full tab—just their chunk, and the insurance company covers the rest. Icon would get paid when the check cleared. Simple. Clean. Everyone wins. The roof wins. The gutters win. Even the shingles win.

The contract listed the total price at $26,903, with payments scheduled in installments tied to insurance payouts: $15,003 upon completion, $9,900 “when received RGT” (whatever that means—roof grant? receipt given today? we may never know), and any supplements going straight to the contractor. Icon did the work. They tore off the old roof, replaced rotten wood (well, except the parts not covered), installed new underlayment, flashing, ice/water shield, ridge caps, drip edges—you name it. They even threw in a chimney cricket, which sounds like a backyard pest but is actually a little metal roof slope that keeps water from pooling around your chimney. Fancy. They finished on October 22, 2024. The invoice—number 439566—was sent the same day, for $26,760. (Yes, $143 less than the original quote. Maybe they found a coupon.) And here’s where it gets juicy: Mrs. Boyne did allegedly make a payment. But—and this is a big but—that payment was later canceled. Like a Netflix subscription you forget you signed up for. Icon says they’ve made “multiple demands” for payment. The Boynes say… well, we don’t know what they say, because this is just the plaintiff’s version. But the silence speaks volumes. No payment. No explanation. Just a roof that’s been done for months and a bill that’s collecting dust like debris in a gutter.

So why are we in court? Three reasons, according to the filing. First: Breach of Contract. Icon says they held up their end—delivered the goods, did the work, even included a “Limited Lifetime Warranty” and a “Peace of Mind Roof Guarantee” that sounds like it should come with a free aromatherapy candle. The Boynes, by allegedly not paying, broke the deal. Second: Open Account. This is legalese for “you owe us money and haven’t paid, even though we invoiced you.” It’s the legal equivalent of “Yo, we sent you the bill.” Third: Unjust Enrichment—a fancy way of saying, “You got a sweet new roof and didn’t pay for it, so it’s only fair you cough up the cash, or else you’re basically stealing.” All three claims hinge on the same core issue: Icon did the work, the Boynes benefited, and no money changed hands (except the phantom payment that vanished like a magician’s assistant).

And what does Icon want? $26,760 in damages—plus interest, attorney fees, and “any other relief the Court deems just and equitable.” Is $26,760 a lot? For a roof and gutters? In 2025, in Oklahoma? Honestly? Not crazy outrageous. A full roof replacement can easily run $20K–$30K depending on materials and labor. These were Martha Vista Storm Grey shingles—premium stuff. Plus gutters. Plus labor. Plus a chimney cricket. Plus a lifetime labor warranty. That’s not a Home Depot weekend warrior job. That’s a “we’re serious about not leaking during tornado season” job. So the amount itself isn’t the absurd part. The absurd part is the story. A contract that says the homeowner only pays their deductible… then gets sued for the full balance. Did the insurance company not pay? Did the check bounce? Did someone misread the contract? Was there a supplement that wasn’t covered? We don’t know—because this is just the plaintiff’s side. But the fact that a payment was made and then canceled? That’s the plot twist. It suggests there was an attempt to pay—then something went wrong. Maybe the insurance check came with strings. Maybe the Boynes realized they were on the hook for more than expected. Maybe they just changed their minds. But canceling a payment after work is complete? That’s like eating the entire buffet, paying with a gift card, then calling the restaurant to say “never mind, I want my card back.”

Our take? The most absurd part isn’t the money. It’s the audacity of the “Peace of Mind Roof Guarantee” while simultaneously suing your customer for $26,760. “Peace of mind”? For whom? The homeowner is now being sued. The roofer is hiring Ball | Morse | Lowe. The chimney cricket is probably stressed. This is the opposite of peace of mind. It’s roof-related litigation limbo. And honestly? We’re rooting for the gutters. They did nothing wrong. They were just trying to do their job—carry rainwater away from the foundation—while everyone else argued over who pays for them. If there’s any justice in Creek County, those gutters get their money. And maybe a theme song.

Case Overview

$26,760 Demand Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Patrick H. Lane

BALL | MORSE | LOWE PLLC

Relief Sought

$26,760 Monetary

Plaintiffs

Icon Roofing and Construction LLC business
Rep: BALL | MORSE | LOWE PLLC

Defendants

Don L. Boyne and Mary Louise Boyne individual
AVB Bank business

Claims

#	Cause of Action	Description
1	Breach of Contract	Icon Roofing and Construction LLC alleges that Don L. Boyne and Mary Louise Boyne failed to pay for goods and services provided
2	Open Account	Icon Roofing and Construction LLC alleges that Don L. Boyne and Mary Louise Boyne failed to pay for goods and services provided on an open account
3	Unjust Enrichment	Icon Roofing and Construction LLC alleges that Don L. Boyne and Mary Louise Boyne received benefits from goods and services provided without paying

Petition Text

2,056 words

IN THE DISTRICT COURT OF CREEK COUNTY STATE OF OKLAHOMA ICON ROOFING AND CONSTRUCTION ) LLC, an Oklahoma limited liability company, ) ) Plaintiff, ) ) v. ) ) DON L. BOYNE and MARY LOUISE ) BOYNE, as Husband and Wife, and ) ) AVB BANK, a Domestic Bank, ) ) Defendants. ) 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 Defendants, Don L. Boyne and Mary Louise Boyne, as Husband and Wife, (hereinafter “Mr. Boyne” and “Mrs. Boyne”, collectively “Mr. and Mrs. Boyne”), and AVB Bank, (hereinafter “AVB”), 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 Creek County, Oklahoma. 2. Mr. Boyne is a married individual who resides in Creek County, Oklahoma. 3. Mrs. Boyne is a married individual who resides in Creek County, Oklahoma. 4. AVB is a federal credit union operating in Tulsa County, Oklahoma. 5. The claims alleged herein arose out of Mr. and Mrs. Boyne’s failure to pay Plaintiff for goods and services Icon provided to Mr. and Mrs. Boyne on and for Defendant’s roof replacement. 6. Jurisdiction is proper in this Court pursuant to 12 O.S. § 2004(F). 7. Venue is proper in this Court pursuant to 12 O.S. § 142 and 42 O.S. § 172. II. FACTS Icon incorporates by reference each and every one of the allegations made above. 8. Mr. and Mrs. Boyne are the owners of real property described as LOT FOUR (4), BLOCK TWO (2), AMENDED LUKER’S ACRES, AN ADDITION TO THE CITY OF SAPULPA, CREEK COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, more commonly known as 919 South Moccasin Place, Sapulpa, Oklahoma 74066 (hereinafter referred to as “Real Property”). 9. On September 06, 2024, Plaintiff and Mrs. Boyne entered into an agreement for which Icon would provide goods and services to Mr. and Mrs. Boyne, and Mrs. Boyne would timely pay Icon for the goods and services received in the amount of $24,403.00 (hereinafter “Contract”). See, Exhibit 1, Residential Roofing Contract. 10. Icon performed services for Mr. and Mrs. Boyne on the Real Property until on or about October 22, 2024, and Icon provided all goods and services as contracted in a good and workmanlike manner. 11. On October 22, 2024, Icon sent an invoice to Mrs. Boyne for the balance owed in the total amount of $26,760.00. See Exhibit 2, Invoice 439566. 12. Mrs. Boyne is aware of the balance owed and purported to make a payment to Icon; however, that payment was later cancelled. 13. To date, Icon has not received any payment on Mr. and Mrs. Boyne’s open account. 14. Icon has made multiple demands for complete payment and satisfaction of Invoice 439566 and Mrs. Boyne has not made any additional payments nor attempts to satisfy the same. 15. Mrs. Boyne has failed to fully pay the Plaintiff pursuant to the terms of the Contract. 16. That AVB could claim some right, title lien, estate, encumbrance, claim, assessment or interest in and to said real property hereinabove described. III. THEORIES OF RECOVERY a. Breach of Contract Icon incorporates by reference each and every one of the allegations made above. 17. The parties were capable of entering into the Contract at the time of the agreement. 18. Icon performed all conditions precedent under the Contract and provided the agreed upon goods and services. 19. Icon performed all services and provided all goods in a good and workmanlike manner. 20. Mrs. Boyne breached her Contract with Icon by failing to make payments to Icon for the full amount owed for the goods and services provided by Icon. 21. Icon has suffered damages in the amount of $26,760.00, plus attorney fees and costs expended to collect the amount due as a result of Mrs. Boyne’s breach. b. Open Account Icon incorporates by reference each and every one of the allegations made above. 22. Mrs. Boyne received goods and services on an open account with Icon. 23. Mrs. Boyne had a duty to timely pay the account invoiced as the same became due, or upon demand by Icon. 24. Mrs. Boyne’s account with Icon has been overdue since October 2024. 25. Despite multiple demands from Icon, Mrs. Boyne has failed and refused to make payment on the overdue account. 26. As a direct result of Mrs. Boyne’s failure to make payment on the open account, Icon has been damaged in the amount of $26,760.00, plus attorney fees and costs expended to collect the amount due on the open account. 27. Icon is entitled to reasonable attorney fees pursuant to 12 O.S. § 936. c. Unjust Enrichment Icon incorporates by reference each and every one of the allegations made above. 28. Mr. and Mrs. Boyne received goods and services from Icon which directly benefited them. 29. Mr. and Mrs. Boyne retain the benefits received from Icon’s goods and services rendered. 30. Icon incurred costs and expended work to deliver the benefits received by Mr. and Mrs. Boyne, retained by Mrs. Boyne. 31. It would be unjust for Mr. and Mrs. Boyne 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 Defendants, Don L. Boyne and Mary Louise Boyne and for an award in Plaintiff’s favor in the amount of its actual damages of $26,760.00, interest thereon according to law, reasonable attorney fees and costs, and any other relief which this honorable Court deems just and equitable. Respectfully submitted, [signature] 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] ATTORNEY LIEN CLAIMED ATTORNEYS FOR PLAINTIFF ICON ROOFING AND CONSTRUCTION LLC DECLARATION 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 execute the same upon my own free will. The foregoing declaration was made this date of 3/9/2026. DocuSigned by: Brad Bates Brad Bates, on behalf of Icon Roofing and Construction, LLC RESIDENTIAL ROOFING CONTRACT #1 Owner's Name: DON & MARY LOU BOYNE Owner's Address: 919 S MOCCASIN PL Owner's City, State, Zip: SHARPS, OK 74066 Owner's Phone: 918.274.9110 Owner's Alt. Phone: Project Name & Address: [email protected] Icon Roofing & Construction LLC 11601 S. Portland Ave. Oklahoma City, OK 73170 Office...405.531.0950 Cell....405.675.0366 [email protected] www.iconroofingOK.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 Co. 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: - TEAM OFF & REPLACE SHINGLE WI OR SAME - NEW ROOFING COMPONENTS MARTHA VISTA STORM GREY - NEW GUTTERS 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 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. X (Initials/owner) X (Initials owner) b. Description of any areas that will NOT be worked on: The Above Specifications (a.) & (b.) DO 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 total sum of $26,903. Down Payment of envt. $ PAYMENT DUE WHEN AMOUNT 1 UPON COMPLETION ACV $15,003 2 WHEN RECEIVED RGT $ 9,900 3 WHEN RECEIVED SUPPLEMENT PAYMENTS TO BE MADE IN INSTALLMENTS AS FOLLOWS: SUPPLEMENT TO GO TO CONTRACTOR d. Commencement and Completion of Work. "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: 9/19/24 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 this agreement. The written terms, provisions, plans (if any) and specifications in this contract is the entire agreement between the parties. Changes in this 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). Read ATTENTION of Disputes* provision on page two (2), provision 13 and the NOTICE following this provision. If you agree to arbitration, initial on the line next to the NOTICE where indicated. Also, Initial on the same place on EACH COPY of the contract. [signature] approved and accepted (owner) 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 form for an explanation of this right. You may cancel this contract at any time within seventy-two (72) hours after you have received written notification from your insurer that your claim to pay for the goods and services to be provided under this contract has been denied. See attached Notice of Cancellation for an explanation of this right. Icon Roofing And Construction 11601 S Portland Avenue Oklahoma City, OK 73170 Ph: 405-875-0256 Customer Invoice #439566 03/04/2025 Customer Boyne, Mary Louis Job #: 2153482 919 S Moccasin Pl Sapulpa, OK 74066 None [email protected] Icon Roofing And Construction Representative: Scott Reichardt (580) 483-6781 [email protected] <table> <tr> <th>Description</th> <th>Quantity</th> <th>Price</th> </tr> <tr> <td>ROOFING Vista I Class IR *Roof Replacement as per insurance scope of repairs * Tear Off 1 Layer of existing roofing shingles and felt * Replace any rotten wood at $75 per sheet (Homeowners expense) Rott Not covered. * Install 1 Layer of new synthetic felt underlayment nailed to deck using approved fasteners. * Install Starter on eaves and rakes * Replace all Pipe Boots, Roof Vents, flashing if needed. Paint to match roof * Install Ice/Water shield moisture barrier in all valleys. (on eaves if code item) * Install Ridge Cap on Hips & Ridges * Steep charge 7/12-9/12 * Steep charge 10/12-12/12 * Remove & Replace 1.5" Drip Edge on eaves and rakes * Tear off & haul away debris with Tandem trailer Dumpster * Full & Thorough Cleanup of nails and debris * Flash chimney * Install chimney Cricket per code * Detach and reset trim around chimney (need to remove to install flashing) * Limited Lifetime Warranty on materials from manufacturer * Lifetime Warranty on Labor * Peace of mind Warranty Director $20,000.00 Roof Guarantee</td> <td>45.00 EA</td> <td>$25,000.00</td> </tr> </table> <table> <tr> <th>Gutters</th> <th></th> <th></th> </tr> <tr> <td>Custom I EA</td> <td>176.00 EA</td> <td>$1,760.00</td> </tr> <tr> <th>Subtotal</th> <th colspan="2">$26,760.00</th> </tr> <tr> <th>Grand Total</th> <th colspan="2">$26,760.00</th> </tr> <tr> <th>Date Work Completed:</th> <td colspan="2">10/22/2024</td> </tr> <tr> <th>Invoice Due Date:</th> <td colspan="2">10/22/2024</td> </tr> <tr> <th>Payments received:</th> <td colspan="2">$0.00</td> </tr> </table> Balance Due: $26,760.00