The Oklahoma Underground Damage Prevention Act (the “Act”) requires, among other things, that “excavators” (1) notify all operators with underground facilities on or near an excavation area no more than 10 days nor less than 48 hours before excavation, and (2) after the operators of the underground facilities have marked the approximate location of such, […]

Payment bonds on public works projects are intended to ensure payment of all debts incurred by the prime contractor, his subcontractors, and all materialmen that furnish goods or services on a public works project. Many Oklahoma vendors and contractors, however, are under the mistaken belief that only subcontractors and vendors with a direct contractual relationship […]

Providing references regarding a current or former employee can be treacherous for any employer. In recent years, employees dissatisfied with the information provided have sought their pound of flesh by suing the former employer under common law defamation. In general terms, Oklahoma law defines defamation as a false communication that “tends to so harm the […]

The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. (CERCLA), attempts to establish a comprehensive scheme of liability for the clean-up of hazardous waste. Often such clean-up costs run into millions of dollars. While one might think construction contractors are immune to CERCLA liability, recent cases indicate that such is […]

An independent contractor is not eligible to receive workers’ compensation benefits from the hiring entity. The Oklahoma Supreme Court has recently revisited the difficult issue of determining when an injured claimant is an independent contractor, rather than an employee, for purposes of workers’ compensation. In the case of Duncan v. Powers Imports, 65 O.B.J. 3839 […]