Drouillard v. Jensen Construction Co. of Oklahoma

DOOLIN, Justice:

We granted certiorari to the Court of Appeals, Division 1, for the reason that it “has so far departed from the accepted and usual course of judicial proceedings . as to call for the exercise of this court’s power of supervision.” 12 O.S.1978 Supp. Ch. 15, App. 3, Rule 3.13 A(4).

Plaintiff, as a sub-contractor, supplied dirt for a certain construction project. He brought suit against the prime contractors and their surety company to recover payment. Plaintiff failed to provide written notice of the claim within 90 days as required by 61 O.S.1971 § 2. He contended the prime…