CJ-2026-1883 - Kevin and Caroline O'Neal v. Midmodern Design/Build, LLC

What's This Case About?

Imagine spending years living in a house that’s slowly poisoning your family, all because the contractors who built your dream addition forgot to do one of the most basic things in construction: stop water from pooling under your floor. That’s exactly what happened to Kevin and Caroline O’Neal of Nichols Hills, Oklahoma—a couple who thought they were upgrading their home, only to discover they’d been raising their kids in a mold factory built on top of a swamp that should’ve been capped in 2019. Five years. Five. Whole. Years. Of standing water, rotting floors, invisible mold spores floating through the air, and asthma attacks in their son—all because someone forgot to cap a sewer cleanout and install a few crawl space vents. And now, they’re suing for $75,000 to fix what should’ve been done right the first time.

So who are these people? The O’Neals are a family trying to do the normal suburban thing: improve their home, add space for their growing kids, and enjoy a little more square footage without moving. Their house on Dorchester Drive in the quiet, tree-lined neighborhood of Nichols Hills isn’t a mansion, but it’s theirs. In late 2018, they hired Midmodern Design/Build, LLC—a now-inactive Oklahoma company that, at the time, presented itself as a sleek, modern design-build firm specializing in high-end renovations. The man in charge? Travis Morelock, the project manager who personally oversaw every walk-through, handled all design decisions, and promised the O’Neals a flawless, code-compliant addition. He wasn’t just a name on a contract—he was there, making calls, managing subcontractors, and assuring the family that everything was being done to the highest standard. They trusted him. They paid him. And then, for five years, they lived with the consequences of what can only be described as a construction horror story disguised as a home improvement.

Here’s how it all went sideways. The O’Neals hired Midmodern to build a 1,000-square-foot addition—new bedrooms, new bathrooms, the whole deal—so their kids would have room to grow. The original house had a crawl space, and the new addition did too. Standard stuff. But somewhere between 2018 and November 2019, when the project was supposedly “complete,” a series of catastrophic oversights turned that crawl space into a toxic swamp. First, the contractors didn’t cap or relocate the sewer cleanout under the new addition. Then, they left the sprinkler system and other plumbing lines active and uncapped. And—this is the real kicker—they left a French drain in place under the footing of the new foundation, which should’ve been removed or sealed off. A French drain is supposed to redirect water away from a structure. But here? It was doing the exact opposite—funneling water under the house and letting it pool in the crawl space like a sad, stagnant kiddie pool. Oh, and they didn’t install any crawl space vents. Zero. Nada. So no airflow. No drying. Just moisture, darkness, and time—basically the perfect recipe for mold to throw a rave.

The O’Neals had no idea. The damage was hidden beneath the floor, out of sight, out of mind—until May 2024, when they noticed a soft spot in the carpet. They pulled it back. Cue the horror movie music: black mold, waterlogged subflooring, dry rot everywhere. They called a plumber, but even he refused to go in because the mold was so bad. They had to bring in a professional remediation crew, which tore out floors, walls, insulation—you name it. That cleanup alone cost $30,000. And even after that, the mystery of the water source wasn’t fully solved until late 2025, when someone finally spotted the rogue French drain still feeding water under the foundation. By then, the mold had likely spread, the original house’s crawl space ventilation was compromised, and their son was suffering from asthma flare-ups that doctors probably didn’t even connect to the house. The O’Neals had to move their kids out of the addition, pack up belongings, and live in a home that was supposed to be their sanctuary but had become a health hazard.

Now, why are they in court? Legally, they’re making two big claims. First: negligence. They’re saying Midmodern and Morelock failed to build the addition in a workmanlike manner, didn’t follow building codes, and ignored basic construction principles—like, you know, preventing water accumulation. This isn’t a minor typo in the blueprint; this is a fundamental failure in construction 101. Second: violation of Oklahoma’s Home Repair Fraud Act, which is basically the legal version of “don’t lie to homeowners and don’t screw up their house while taking their money.” The O’Neals allege that Morelock and his company misrepresented their expertise, promised proper work, and knowingly or recklessly failed to disclose that critical systems were left exposed and unsealed. That’s not just bad craftsmanship—it’s potentially fraud under Oklahoma law, which opens the door to punitive damages, not just reimbursement.

And what do they want? $75,000. Is that a lot? For a mold remediation that already cost $30,000, plus structural inspections, medical concerns, loss of use of their home, and potential long-term foundation issues? Honestly, it’s not even close to enough. That number doesn’t include future health costs, potential resale value loss, or the emotional toll of realizing your kids were breathing mold for years. But in civil court, you ask for what you can prove—and right now, $75,000 is the threshold for getting into this particular courtroom. They’re also asking for attorney’s fees, which Oklahoma law allows in negligence and consumer protection cases, so the final number could climb. But the real ask here isn’t just money—it’s accountability. It’s about making sure contractors can’t cut corners on things that literally make homes unsafe.

Our take? The most absurd part isn’t even the mold, the French drain, or the missing vents. It’s that this could’ve been caught in a single inspection. One. Walk. Through. The sewer cleanout should’ve been capped. The French drain should’ve been relocated. The vents should’ve been installed. These aren’t advanced engineering challenges—they’re checklist items. And yet, the O’Neals lived with this for five years while their family’s health declined and their home deteriorated. We’re rooting for them not because they want $75,000, but because they’re demanding basic competence from people who were paid to be professionals. This isn’t about perfection—it’s about not turning a family home into a public health hazard. If that’s too much to ask from a contractor, maybe it’s time we all start building our own additions. With duct tape. And hope.

Case Overview

$75,000 Demand Jury Trial Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

A. Michelle Campney

Cheek & Falcone, PLLC

Relief Sought

$1 Monetary

$1 Punitive

Plaintiffs

Kevin and Caroline O'Neal individual
Rep: A. Michelle Campney

Defendants

Midmodern Design/Build, LLC business
Travis Morelock individual

Claims

#	Cause of Action	Description
1	negligence	construction defects in addition to residence
2	violation of Home Repair Fraud Act	misrepresentation and deception in construction contract

Petition Text

1,635 words

IN THE DISTRICT COURT FOR OKLAHOMA COUNTY STATE OF OKLAHOMA KEVIN AND CAROLINE O’NEAL, Plaintiffs, v. MIDMODERN DESIGN/BUILD, L.L.C., AN OKLAHOMA LIMITED LIABILITY COMPANY, AND TRAVIS MORELOCK, AN INDIVIDUAL, Defendants. PETITION Plaintiffs Kevin and Caroline O’Neal, for their causes of action against Defendants, above-named, allege and state as follows. PARTIES 1. Plaintiffs, Kevin and Caroline O’Neal, are residents of Oklahoma County, Oklahoma. 2. Defendant, Midmodern Design/Build, L.L.C. (“Midmodern”), is an Oklahoma Limited Liability Company previously doing business in the State of Oklahoma and is subject to the jurisdiction of this Court. Midmodern is inactive with the Oklahoma Secretary of State. 3. Defendant, Midmodern, was the general contractor who did construction work on the Plaintiffs’ addition and remodel of their residence at 1615 Dorchester Dr., Nichols Hills, Oklahoma (“Project”). 4. Defendant Travis Morelock is an individual who resides in Missouri. He was the Project Manager and personally supervised the work. STATEMENT OF JURISDICTION Plaintiffs are married individuals residing in Oklahoma County, Oklahoma, and Defendant Midmodern is an inactive limited liability company in Oklahoma as of October 2023. Defendant Midmodern has not been dissolved. Defendant Morelock was present in the State of Oklahoma during the work on the Project and held himself and his company out as experts in remodeling construction. The amount in controversy exceeds $75,000.00. FACTUAL BACKGROUND 5. Beginning in the latter part of 2018 and concluding in November 2019, Plaintiffs hired Defendant Midmodern to construct a 1,000-square-foot addition to their existing house ("Residence"). The addition, among other spaces, contained new bedrooms and bathrooms which were to be used by Plaintiffs’ children. 6. The existing house had a crawl space as its foundation. The latest addition, completed in November 2019, also utilized a crawl space rather than a slab. 7. On or about May 4, 2024, Plaintiffs discovered a soft spot in the floor of the addition. When the carpet was pulled back to investigate the spot, extensive mold and water damage were found. 8. Plaintiffs called a plumber to discover the source of the water. As mold was everywhere, the plumber would not proceed with the investigation at that time to determine what needed to be repaired. 9. Plaintiffs hired a mold remediation company that performed mold removal and remediation, which included extensive demolition of rotten subflooring and dry rot. The mold removal and remediation cost approximately $30,000. 10. Once this part of the demolition was completed, it was determined that the crawl space vents had not been installed, and the sewage cleanout, located under the new addition, had neither been capped nor relocated. 11. The sprinkler system and other plumbing under the addition were not removed or capped before construction. 12. Due to the continuous source of water under the house without proper ventilation or drainage, the addition was subjected to a constant water source from November 2019, if not earlier, until May 2024. 13. Plaintiffs also recently learned that the source of the water had not been completely understood or resolved. It was determined in September/October 2025 that a French drain was left in place under the footing of the new addition. 14. The French drain should have been capped or moved at the time of the construction. Consequently, the water continued to drain and hold under the addition, creating an area of standing water. 15. Additionally, the crawl space for the original house has been separated from the defective crawl space for the new addition. This has affected ventilation in the original crawl space. 16. As it is now known that water has continued to drain and accumulate under the addition's crawl space, there is concern that the foundation of the original house has been damaged. 17. Plaintiffs hired a structural engineer to determine the extent of the damage, if any, and whether the addition can be repaired without requiring the work to be leveled and started over. 18. About the same time the initial damage was discovered in May 2024, Plaintiffs’ son began to experience health issues with asthma. 19. These health problems were the result of the mold that was growing under the addition, which resulted in ongoing illnesses for the Defendants’ daughter, as well. 20. The issues with the addition’s work were likely present by November 2019, and the damage, including mold, has persisted until recently, following the discovery of the issue with the French drain. 21. Plaintiffs, who relied on Defendants Midmodern and Morelock to perform industry-standard work, were not aware of defects or issues with the work until May 2024 and had notice of the full extent of the negligent work until September/October 2025. The defects and problems were hidden in the crawl space. 22. Once the issues were discovered, Plaintiffs moved out of the addition, including removing their children from the mold-filled, damp space. They removed their belongings and worked to resolve the issues, which included mold removal and remediation, as well as a plumbing investigation. 23. All the problems with the work on the addition and any issues with the existing house’s foundation are the result of the negligent work done by Defendant Midmodern and the negligent supervision by Defendant Morelock, during the above-referenced time frame CONSTRUCTION DEFECT Plaintiffs incorporate herein by reference all of the allegations in paragraphs 1-23 as if fully restated and further state as follows: 24. Plaintiffs entered into a contract with Midmodern to perform construction work at their residence in 2018. The work was allegedly completed in 2019. The work was supervised and directed by Defendant Morelock as the Project Manager. Defendant Morelock was present during each walk-through of the Project. He handled all design and construction issues. He also supervised and managed the subcontractors’ work on the Project. 25. Defendant Morelock represented himself as capable of performing the supervision and the design work for the Project. 26. The addition to the house was to be built in a workmanlike manner suitable for use by the Plaintiffs and their family. 27. The Project was to be built to the building code. 28. The Project was to be built free from construction defects. 29. Defendants failed to properly construct the addition by not ensuring that water sources, such as sewer cleanout, sprinklers, and French drains, were capped and moved from under the addition’s crawl space. This allowed water to accumulate and stand under the addition's crawl space without proper drainage. This resulted in mold and the destruction of construction materials, including flooring and drywall. 30. Defendants also failed to install any crawl space vents in the new addition, eliminating any ventilation and compounding the issue with the standing water and damage to the property. 31. The latent construction defects caused by the Defendants have and will continue to cause Plaintiffs’ damages, including loss of use, costs to remedy the defects, costs to replace materials and construction, costs to remedy damage to the pre-existing crawl space, diminution in value of the home, medical expenses, etc. The amount of damages will be proven at trial, but will exceed $75,000. 32. Defendants’ actions have resulted in the negligent injury to Plaintiffs’ property. As a result, Plaintiffs are entitled to attorneys’ fees under 12 Okla. Stat. § 940. 33. As a result of Defendants' negligence and the construction defects, Plaintiffs have sustained actual damages in excess of $75,000.00. Plaintiffs are further entitled to attorneys' fees and costs. VIOLATION OF THE HOME REPAIR FRAUD ACT Plaintiffs incorporate herein by reference all of the allegations in paragraphs 1-33 as if fully restated and further state as follows: 34. Defendants Midmodern and Morelock violated the Home Repair Fraud Act ("HRFA"), 15 Okla. Stat. §§ 765.1 et seq., which constitutes an unlawful business practice and is subject to the provisions of the Oklahoma Consumer Protection Act ("OCPA"). 35. Defendants are a "person" for purposes of the HRFA and the OCPA. See 15 Okla. Stat. §§ 752(l), 765.1. 36. Defendants have engaged in "home repair" by fixing, altering, converting, modernizing, improving, and/or making an addition to Plaintiffs’ Residence. All Defendants performed home repair work at Plaintiffs’ Residence. 37. Plaintiffs’ Residence is used and/or is intended to be used by them as their dwelling place. As such, Plaintiffs’ real property was primarily designed as, and/or is used as, a "Residence" for purposes of the HRFA. 38. Defendants knowingly or had reason to know that they entered into a consumer transaction for home repair with Plaintiffs. Defendants were at the Residence performing work. All Defendants were aware that the Plaintiffs lived at the Residence. 39. Defendants knowingly or with reason to know misrepresented material facts relating to the terms of the consumer transaction and/or the preexisting or existing condition of a portion of Plaintiffs’ property. Defendants represented that they could properly construct the addition to the Residence in a workmanlike condition and properly perform all plumbing work and ventilation work under the crawl space. Defendants knew or had reason to know that they did not have this expertise or the ability to supervise or manage the work properly. 40. Defendants knowingly or with reason to know used or employed deception, false pretense, and/or false promises to induce, encourage, or solicit Plaintiffs to enter into the consumer transaction. Defendants assured Plaintiffs that the Defendants could properly and fully construct the addition to their Residence. 41. As a result of Defendants’ violations of the HRFA and thus the OCPA, Plaintiffs have sustained actual and punitive damages in excess of $75,000.00. Plaintiffs are further entitled to attorneys’ fees and costs. PRAYER FOR RELIEF Wherefore, Plaintiffs pray for judgment against Defendants as their actions are the direct cause of any and all damages sustained by Plaintiffs including but not limited to all actual, special, statutory costs and damages, plus expenses and attorneys’ fees, in a sum set in accordance with the laws of the State of Oklahoma, as well as any other damages allowed under law and for such other legal or equitable relief as this Court deems just and proper, in an amount in excess of $75,000.00. Respectfully submitted: A. MICHELLE CAMPNEY, OBA #12990 CHEEK & FALCONE, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, OK 73118 Telephone: (405) 286-9191 Facsimile: (405) 286-9670 [email protected] Attorney for Plaintiffs, Kevin and Caroline O’Neal