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 […]

Tort liability is a nationwide concern. Virtually every business is exposed to some degree of potential liability, and no business or business owner is immune. There is some relief for those engaged in the construction industry in Oklahoma, however. The Statute of Repose protects certain parties from liability arising from certain conduct involved in the […]

The Public Competitive Bidding Act of 1974 (“Act”) defines the process for bidding and awarding construction projects by the State of Oklahoma and other state agencies. The Act requires each bidder on a public project to include with its bid a bid security in the amount of 5% of the contractor’s bid. The Act also […]