state of oklahoma compendium of construction law - USLAW ...

Table of Contents1. BREACH OF CONTRACT 22. NEGLIGENCE 22.1 Joint and Several Liability 22.2 The Duty of the Design Professional 32.3 The Duty of the Contractor 32.4 The Accepted Work Doctrine 33. BREACH OF WARRANTY 43.1 Breach of Implied Warranty 43.2 Breach of Express Warranty 44. STATUTE OF LIMITATIONS 55. THE DISCOVERY RULE 56. STATUTE OF REPOSE 67. MISREPRESENTATION AND FRAUD 67.1 Actionable Fraud 67.2 Fraud as Defense 68. DELAY DAMAGES 68.1 Delay in Performance 68.2 Excuses for Delay 78.3 No Damages for Delay Clauses 79. RECOVERABLE DAMAGES 79.1 Attorney‟s fees 79.2 Direct Damages 89.3 Expert Fees and Costs 89.4 Lost Profits 99.5 Mitigation of Damages 910. STRICT LIABILITY CLAIMS 911. INDEMNITY CLAIMS 911.1 Express Indemnity 911.2 Implied Indemnity 1012. ECONOMIC LOSS DOCTRINE 1013. ECONOMIC WASTE 1014. PAY IF PAID CLAUSES 11ii