Jeff Brown v. Gunter Construction, LLC
What's This Case About?
Let’s be real: how many times have you slipped on a wet pool deck and thought, “Man, I could sue”? Jeff Brown did. And not just for the fall — oh no — he’s suing because his pool looks like it was plastered by a raccoon on espresso, the tiles are the wrong color, the concrete is chipping like cheap nail polish, and somehow, the plaster covered the tile grout, which sounds less like construction and more like abstract art. Welcome to Brown v. Gunter Construction, LLC et al., a $17,075 saga of betrayal, bad concrete, and the kind of home improvement disaster that makes you question whether “handyman special” should come with a warning label.
So who are these people? On one side, we’ve got Jeff Brown, a homeowner in Coweta, Oklahoma — a man who, like many before him, dared to dream of backyard bliss. He wanted a sleek, functional in-ground pool, the kind where you can do a graceful dive and not immediately slice your knee open on a jagged wall. On the other side: Gunter Construction, LLC, a company that, according to the state of Oklahoma, is inactive — as in, legally comatose — yet somehow still building pools. The company’s principals? Jeffrey Gunther and Darlin Gunther, a married couple (we assume, given the shared address and surname) operating out of Broken Arrow, who signed the contract in their individual names despite listing the defunct LLC as the contractor. That’s like ordering a pizza from a restaurant that closed in 2019, only to have the former manager show up at your door in a stained apron, saying, “I still got the sauce recipe.” Legally… messy. Also, possibly illegal. But hey, let’s talk about the pool.
Ah yes, the pool. Per the contract signed on April 4, 2025 — which, side note, is the same day this lawsuit was filed, making this the fastest turnaround in construction litigation history — Jeff Brown was promised a 12x24-foot Gunite sports pool with a smooth plaster finish, 6x6 tiles of his choosing, and 11 feet of brushed-finish decking on most sides, with 3 feet on the far end. Sounds standard. Sounds nice. Sounds like something you could Instagram with a cocktail in hand. What he actually got? A concrete nightmare. The plaster finish isn’t smooth — it’s rough, uneven, and “particularly rough along the top edge,” which is not the phrase you want associated with a pool you’re expected to touch. The tiles? Wrong color, or discolored, and partially covered in dried plaster, like someone sneezed mid-pour. The decking? Slick as an oil spill, already chipping, and discolored — a triple threat of structural embarrassment. And here’s the kicker: the Gunthers tried to fix the plaster after the fact, but all they managed was making it look worse — with visible aggregate and discoloration, like a bad DIY drywall job.
Jeff Brown, to his credit, didn’t just rage-post on Nextdoor. He made a written demand for the Gunthers to honor their one-year “workmanship builder’s warranty,” as promised in the contract. And what happened? Crickets. Silence. Radio dead air. These folks ghosted him harder than an Oklahoma summer fling. So now, instead of floaties and lemonade, we’ve got a petition filed in Wagoner County District Court, where Jeff is throwing the legal kitchen sink at them: breach of contract, breach of express warranty, breach of implied warranty, and negligence — because yes, someone actually slipped on this slick disaster.
Let’s break down the legal drama in plain English. First, breach of contract: the Gunthers promised a smooth pool with proper tiles and safe decking. They delivered a sandpaper-lined, grout-globbed, hazard-zone splash pad. That’s not fulfilling the deal. Second, breach of express warranty: they specifically promised a one-year warranty on workmanship. Jeff asked for repairs within that window. They said no. That’s like selling a toaster that burns toast and then refusing to honor the “30-day satisfaction guarantee” because you don’t feel like it. Third, breach of implied warranty: even if there were no written promises, the law assumes that a pool won’t be a death trap or look like it was built during a blackout. Pools should be safe. Decks shouldn’t be slicker than a politician’s smile. And fourth, negligence: Jeff claims he actually slipped on the decking and got minor injuries — abrasions, skin irritation, and yes, pain and suffering, because apparently the pool’s rough walls are so bad they’ve become a dermatological hazard. That’s not just poor work — that’s a liability waiting for a viral TikTok of someone face-planting into the shallow end.
Now, what does Jeff want? He’s asking for $17,075 — a very specific number, like he added up every receipt and threw in $75 for emotional distress. Is that a lot for a botched pool job? Honestly? Probably not. Pool resurfacing alone can run $5,000 to $10,000. New tiles? Another few grand. Fixing unsafe decking? Labor, materials, permits — yeah, $17K sounds like a conservative estimate. And he’s also asking for attorney fees, costs, and “all other relief the Court deems just and equitable,” which is legalese for “and maybe a gift card to Home Depot for my troubles.” He’s not asking for a jury trial, which suggests he’d rather just get paid and move on with his life — a man who just wants to swim without fear of exfoliating his entire leg.
Here’s the tea, though: Gunter Construction, LLC is inactive. Legally, it shouldn’t be entering contracts. And yet, Jeffrey and Darlin Gunther signed this thing in their individual names, which means they’re not hiding behind a corporate veil — they’re personally on the hook. That’s either bold or deeply unadvised. And the fact that they tried to “fix” the plaster only to make it worse? That’s the kind of move that turns a repairable mistake into a full-blown legal dumpster fire. It’s like trying to fix a typo by scribbling over it with a Sharpie — now everyone knows something went wrong.
Our take? Look, we all want a backyard oasis. We get it. But this case is less “million-dollar listing” and more “million ways to sue your contractor.” The most absurd part isn’t even the plaster-covered tiles — it’s that someone built a dangerously slick deck and thought, “Yep, that’ll do.” This isn’t just shoddy work — it’s a safety hazard dressed up as a luxury upgrade. And Jeff Brown? We’re rooting for him. Not because he slipped — though that’s tragicomic — but because he’s holding someone accountable for selling a dream and delivering a disaster. If you’re going to put your name on a pool contract, you better make sure it doesn’t double as a slip-and-fall exhibit. Otherwise, welcome to the District Court of Petty Civil Justice — where bad plaster meets its match.
Case Overview
-
Jeff Brown
individual
Rep: Tadd J.P. Bogan, OBA# 20962
- Gunter Construction, LLC business
- Jeffrey Gunther individual
- Darlin Gunther individual
| # | Cause of Action | Description |
|---|---|---|
| 1 | Breach of Contract | Defendants failed to construct pool with smooth plaster finish, installed incorrect tiles, and constructed pool surface, tiles, and decking in a workmanlike manner |
| 2 | Breach of Express Warranty | Defendants failed to warranty their workmanship on the pool |
| 3 | Breach of Implied Warranty | Defendants failed to construct pool and decking on the Property free from defects |
| 4 | Negligence | GC and Gunther constructed pool decking in a manner that made it slick and unsafe, left rough and jagged surfaces on the walls and floor of the pool |