I have used that case succesfully in cases involving defective public works construction. Admittedly these were not recent nor were they appealed but the cases settled. In one old case i was able to prevail on the issue of statute of limitations/repose based on citys acting in sovereign capacity.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama oama-bounces@lists.imla.org on behalf of Michael Beason mbeason@altusok.gov
Sent: Thursday, December 19, 2019 1:33 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Statute of Repose, Statutes of Limitation and Contractual Limitations
Greetings All:
I am enjoying this list serve and it is quite useful. Questions … is anyone familiar with the decision in Okla. City Mun. Improvement Auth. v. HTB, Inc., 1988 OK 149, 769 P.2d 131?
If so, has anyone used the reasoning in HTB as to lawsuits for a public right to avoid a limitation of liability written into a contract for public works (e.g. in a contract for smart meters)?
Thank you.
I have used that case succesfully in cases involving defective public works construction. Admittedly these were not recent nor were they appealed but the cases settled. In one old case i was able to prevail on the issue of statute of limitations/repose based on citys acting in sovereign capacity.
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com<mailto:ddavislaw@live.com>
________________________________
From: Oama <oama-bounces@lists.imla.org> on behalf of Michael Beason <mbeason@altusok.gov>
Sent: Thursday, December 19, 2019 1:33 PM
To: oama@lists.imla.org <oama@lists.imla.org>
Subject: [Oama] Statute of Repose, Statutes of Limitation and Contractual Limitations
Greetings All:
I am enjoying this list serve and it is quite useful. Questions … is anyone familiar with the decision in Okla. City Mun. Improvement Auth. v. HTB, Inc., 1988 OK 149, 769 P.2d 131?
If so, has anyone used the reasoning in HTB as to lawsuits for a public right to avoid a limitation of liability written into a contract for public works (e.g. in a contract for smart meters)?
Thank you.
