Oklahoma Bar Journal
Government & Administrative Law Practice
Public Construction Under the Oklahoma Public Competitive Bidding Act: Municipal Compliance from Bid to Completion
By Chase McBride
The Public Competitive Bidding Act of 1974 applies to public agencies, including the state of Oklahoma, and its political subdivisions such as counties, cities, towns, and school districts. This article addresses only those provisions of the act that apply to public construction contracts for municipalities.
Municipal officials function as trustees of public funds. The act is designed to promote open competition and to guard against “favoritism, improvidence, extravagance, fraud and corruption,” while securing “the best work or supplies at the lowest price practicable.”[i] Its “sole purpose is to obtain the best results at the lowest cost, the greatest value for the fewest dollars; in other words, it is a means for making the best possible bargain.”[ii]
THRESHOLD AND WHEN THE ACT APPLIES
In short, the act requires that municipal public construction contracts exceeding $100,000 and construction management trade contracts or subcontracts exceeding $50,000 be awarded to the lowest responsible bidder through open, competitive, sealed bidding.[iii] No work may begin until a written contract is executed, and the contractor has provided all required bonds and insurance.[iv] These thresholds ensure that larger public projects receive appropriate oversight and deliver the best value to the public.
For construction projects involving improvements, buildings, or repairs totaling $100,000 or less, a municipality may award the work based on written bids or competitive quotes in accordance with its purchasing policies, and contracts under $10,000 may be negotiated with a qualified contractor.[v]
Municipalities may adopt charters containing provisions that differ from general state law.[vi] However, if a statute, municipal charter, or ordinance imposes stricter requirements than the act, the stricter provisions control.[vii]
Competitive bidding requirements are mandatory, and contracts awarded in violation of the statute are void.[viii]
The act also allows municipalities to perform construction work on a force account basis, meaning the city may use its own employees, equipment, and resources rather than bidding the work out, such as for routine maintenance, emergency repairs, or smaller projects.[ix] Professional services, including architects and engineers, are exempt from the bidding process.[x]
BIDDING PROCESS
Pre-Bid Stage
Purchasing agents. Complying with the requirements of the Public Competitive Bidding Act can be tedious and, at times, confusing. To address this, municipalities may appoint a purchasing agent to make purchases necessary to carry out public contracts.[xi]
A purchasing agent can centralize procurement and promote compliance and efficiency, but unclear authority or inadequate oversight creates risks of over-delegation, reduced transparency, and circumvention of bidding thresholds. Those risks are mitigated by clearly defining the agent’s authority by ordinance or policy and requiring regular oversight and audit controls.
Cooperative and interlocal agreements. Municipalities may form or participate in purchasing cooperatives or interlocal cooperative agreements to obtain better pricing or contract terms, but they must still comply with the act.[xii]
A municipality may rely on an existing competitively awarded contract through a valid cooperative or piggybacking agreement, rather than conducting its own bid, which can reduce administrative burden and improve pricing. The municipality must still confirm that the original contract was lawfully awarded and that its use complies with the act, municipal finance laws, and any applicable federal requirements.
Prequalification of bidders. A municipality may require bidders to prequalify to assess bidder responsibility, so long as the requirement is clearly disclosed and uniformly announced in the bid notice. This process can help speed up the process of bidding and determining which bid to accept.
Prequalification does not replace any required licensing, and courts have made clear that it does not give a bidder a property right to receive the contract, even if the bidder submits the lowest bid.[xiii]
Attempting to circumvent bidding. Often, attempts are made to circumvent the act. Courts look to substance over form and have consistently held that attempts to avoid public bidding are unlawful. Even when technical compliance appears to exist, actions intended to undermine competition may violate the act’s purpose. This may not only void the contract, but it is also potentially criminal.
One common attempt to evade the act is mischaracterizing a project as something other than a construction contract in order to avoid the bidding requirements. One test applied by the court in determining construction is “whether the article or item is permanently affixed to the realty or as set out in 60 O.S. 1961, Section 7, or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts or screws.”[xiv]
Another example of techniques used to avoid the bidding monetary thresholds of the act is called “bid splitting.” This is when one project is split into multiple by artificially dividing work that should be treated as one project. The act “prevents splitting contracts into partial contracts to avoid the requirements of the Act. The Act was not adopted to be circumvented. It is to be strictly followed.”[xv] A contract may not be divided into smaller parts to avoid the requirements of the act, and any contracts created for that purpose are void. Any person who knowingly violates this prohibition commits a misdemeanor and, upon conviction, may be punished by up to one year in the county jail, a fine of up to $1,000, or both.[xvi]
Notice Requirements
Where notice must be published. Municipalities must give notice of bid opportunities in a way that is widely accessible and ensures all potential bidders and the public receive the same information and opportunity to participate. This includes electronic notification and publication in a newspaper of general circulation within the county where the work is to be performed.
Additionally, when a project is expected to cost more than $100,000, or a construction management trade contract or subcontract exceeds $50,000, notice must also be sent to one in-state trade or construction publication for informational purposes. However, this does not require the notice to actually be published by that publication, nor does it require sending notice to multiple in-state publications or to any out-of-state publications.[xvii]
Timing requirements. The notice must be published in two consecutive weekly issues, with the first publication occurring at least 21 days before the bid opening.[xviii]
Required contents of bid notices. Five requirements must be included in a bidding requirement. The specific requirements of a bid notice are the following:
- The character of the proposed public construction contract in sufficient details that all bidders shall know exactly what their obligation will be, either in the bid notice itself or by reference to bidding documents available to the public;[xix] and
- The name of the officer, agent, or employee of the awarding public agency and the office location and address of such person, from whom a complete set of bidding documents regarding such proposed contract may be obtained, together with the amount of the cost deposit required therefor, if any;[xx] and
- The date, time and place of opening of the sealed bids either in person or electronically;[xxi] and
- The name, office location, and address of the office of the awarding public agency to whom the sealed bids should be submitted or information sufficient to enable a bid to be submitted electronically;[xxii] and
- Any additional information regarding such proposed contract deemed by the awarding public agency to be of beneficial interest to prospective bidders or the public.[xxiii]
It is imperative for the municipality to describe the requirements and specifications of the job they are seeking. Courts have ruled that if the description is different than what the municipality fully intended, the requirement in the description will prevail over the intent, and the municipality can be liable for full payment to the contractor along with attorney fees.[xxiv]
Bid document availability and deposits. Complete bidding documents for a proposed contract must be made available to the public at least 20 days before bids are opened. A municipality’s estimate of the project’s actual cost is not confidential and must be made available to the public in accordance with the Oklahoma Open Records Act.[xxv]
A municipality may charge a reasonable deposit for bid documents, so long as the amount does not exceed the actual cost of printing or duplication. The municipality may retain all or part of the deposit if that condition is clearly disclosed in the bid notice.[xxvi]
Bid Submission and Opening
Bid security. For contracts subject to the act, bidders must submit bid security equal to 5% of the bid. If the apparent low bidder fails to execute the contract or provide required bonds and insurance, the municipality may forfeit the security to cover resulting costs, up to the amount posted. Bid security must be returned upon proper contract execution and may be excused for legally recognized, excusable bidding errors.[xxvii]
Bid security protects the integrity of the process by ensuring bidders are serious, discouraging post-opening withdrawals, covering default-related costs, and promoting fairness, while allowing relief for legally recognized bidding errors.
Sworn non-collusion statements. Each bidder must submit a sworn statement with the bid confirming that the bidder has not participated in any prohibited agreement.[xxviii] This not only applies to construction bids, but also to bids regarding furnishing goods or services as well.[xxix] Sworn statement forms should be stated substantially as follows:
I certify:
- I am the duly authorized agent of _____________, for the purpose of certifying facts pertaining to the existence of collusion among and between bidders and suppliers and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in connection with the prospective acquisition;
- I am fully aware of the facts and circumstances surrounding the acquisition or making of the bid to which this statement relates and have been personally and directly involved in events leading to the acquisition or submission of such bid; and
- Neither the business entity that I represent in this certification nor anyone subject to the business entity’s direction or control has been a party:
-
- to any collusion among bidders or suppliers in restraint of freedom of competition by agreement to bid or contract at a fixed price or to refrain from bidding or contracting,
- to any collusion with any municipal official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor
- to any discussions between bidders or suppliers and any municipal official concerning exchange of money or other thing of value for special consideration in connection with the prospective contract
I certify, if awarded the contract, whether competitively bid or not, neither the business entity I represent nor anyone subject to the business entity’s direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of this municipality any money or other thing of value, either directly or indirectly, in procuring the contract to which this statement relates.[xxx]
Late bids. Any bid received after the time set for opening of bids shall not be opened or considered by the awarding public agency.[xxxi]
Public and electronic bid openings. Bids, whether submitted on paper or electronically, must be opened only at the date, time, and place stated in the bid documents. Public opening of bids at the stated time and place ensures fairness and transparency, prevents advance disclosure or favoritism, and creates a clear record to defend the bidding process against challenges.
Paper bids must be opened publicly and read aloud in the presence of an administrative officer, and electronic bids may not be accessed before the scheduled opening and must be made publicly available at the time of opening, either in the same manner or by publication on the municipality’s website.[xxxii]
Prohibitions on early disclosure. It is unlawful to disclose, obtain, or use bid information before the scheduled bid opening, or to delay or obstruct release of bid information after notice, unless the solicitation is withdrawn or uniformly amended.
Any violation constitutes a Class D1 felony, renders the bidding process void, and requires the municipality to restart the solicitation and award process.[xxxiii] This felony could carry a maximum five-year prison sentence.[xxxiv]
No Bids Received. If no timely bids are received after proper notice is given for a proposed municipal public construction contract under the act the municipality may negotiate the contract with a prospective contractor.
Any contract awarded under this process may not exceed those dollar limits, must be limited to the work described in the original bid documents, and must be executed within six months of the original bid opening date.
The negotiated contract and procedure must otherwise comply with all applicable provisions of the act.[xxxv]
AWARDING THE CONTRACT
Lowest Responsible Bidder Standard and Local Preference
Municipal contracts under the act must be awarded to the lowest responsible bidder through open, competitive, sealed bidding. No work may begin until a written contract is executed, and the contractor provides all required bonds and insurance.[xxxvi]
Oklahoma’s long-held phrase, “lowest responsible bidder,” does not necessarily mean the lowest bid received.[xxxvii] “The Act does not require an award to the lowest bidder but to the lowest responsible bidder, which in all cases is not necessarily the bidder having the lowest bid.”[xxxviii] The goal “is to obtain the best results at the lowest cost, the greatest value for the fewest dollars; in other words, it is a means for making the best possible bargain.”[xxxix] “It requires the responsible public entity to select the bidder who, all things being considered, has ability to respond to the requirements of the contract having full regard to the subject-matter thereof.”[xl] Other states have adopted this interpretation as well.[xli]
However, if a contract is awarded to a bidder other than the lowest bidder, the municipality must publicly state the reasons for that decision. The statement must be placed on file, made available for public inspection, and maintained as a public record.[xlii]
Cities may apply a “local bid” preference of up to 5% on qualifying contracts if the local bidder is the second-lowest qualified bidder and agrees to match the lowest bid’s price and terms. The bid specifications must clearly disclose any local preference, and any local bidder must be authorized to transact business in Oklahoma and maintain a bona fide in-state business location.
The “local bid” preference does not apply, however, to any construction contract for which federal funds are available for expenditure when its provisions may be in conflict with federal law or regulation.[xliii]
Required Justification if Not Awarding to Lowest Bidder
Courts allow judgment calls, but municipalities must be able to articulate rational, documented reasons for responsibility determinations. Undocumented or post-hoc rationalizations invite injunctions.
When a municipality does not award a contract to the lowest bidder, it may consider factors beyond price to determine the lowest responsible bidder.
Courts recognize that public contracting involves purchasing not only cost, but also skill, responsibility, reliability, and timely performance. In making this determination, a municipality may evaluate factors such as references, financial responsibility, ability to meet contract requirements, the quality of equipment and personnel, past performance, existing contract commitments, reputation for integrity and reliability, judgment, business practices, experience, and the time required to complete the work. [xliv] This list is not exclusive, but any factors considered must be reasonable, related to performance of the contract, and supported by the record.
Authority To Reject All Bids
A municipality may reject any or all bids and resolicit bids if it determines that doing so is in the best interests of the public.[xlv]
Award Deadlines and Extensions
A contract must be awarded to the lowest responsible bidder within 30 days after bids are opened, unless the municipality approves a reasonable extension for good cause; otherwise, bidders may withdraw without penalty.
Any extension may not exceed 15 days when only state or local funds are involved, or 90 days when federal funds are used for the project. The award period may be extended up to a total of 120 days from the bid opening date if the extension is agreed to in writing by both the lowest responsible bidder and the awarding public agency.[xlvi]
The award period may be extended by formal action for good cause, longer when federal funds are involved, and up to 120 days only with written agreement of the municipality and the lowest responsible bidder; otherwise, the bids must be rejected and the project rebid.
CONTRACT EXECUTION AND PERFORMANCE
Execution Deadlines and Admin Errors
The contract must be executed within the time stated in the bid notice, not to exceed 60 days. If an administrative error is discovered after the award but before execution, the municipality may suspend execution, correct the error, or rescind the award and rebid the project, with the issue addressed by the governing body at a public meeting.[xlvii]
Bonds and Insurance
Contractors must provide required statutory bonds equal to the contract price and maintain public liability and workers’ compensation insurance as specified in the bid documents, and the municipality may allow up to 60 additional days to obtain the bonds.[xlviii]
“The fundamental objective of the bond statutes is twofold – [1] protecting laborers and materialmen on public construction projects who have no lien rights against public land or improvements, and [2] saving the public from all liability for liens for material and labor furnished on public improvements.”[xlix] It is the responsibility of the bidder to know the bonding requirements. Regardless of who bears the burden of ensuring that the statutorily required bond is in place, a public entity or its officers may not be held liable for the failure to secure the bond.[l]
Builder’s Risk Insurance
A municipality may require a contractor to maintain builder’s risk insurance to cover damage from fire or weather during construction in an amount sufficient to protect the municipality’s interest in the project until the work is completed and accepted.[li]
Prohibition on Forced Insurance Providers
No municipality may require or attempt to require a contractor to obtain required bonds or insurance from a specific insurance company, surety, agent, or broker. Any contract provision or bid document that conflicts with this prohibition is against public policy and is void. A violation of this provision also constitutes a misdemeanor.[lii]
Assignment Restrictions
A contract may not be assigned by the successful bidder without the written consent of the municipality, approved by a resolution. A contract may not be assigned to any bidder who was previously determined by the municipality to be not responsible during the bid evaluation process.[liii]
PAYMENTS, RETAINAGE AND INTEREST
Partial Payments and Retainage
Contracts must allow partial payments based on work completed but may withhold up to 5% as retainage. After the contractor has completed more than 50% of the project, and the municipality determines the work is progressing satisfactorily, retainage must be reduced to 2.5%. A contractor may, however, withdraw retained funds by depositing approved security with the municipality. [liv]
These retainage rules protect the public entity’s interest in proper completion while avoiding unnecessary financial strain on contractors, encouraging steady progress, competitive bidding, and timely project completion.
Interest on Late Payments
Unpaid final payments accrue interest at 1.5% per month. Interest begins 30 days after completion and acceptance for lump-sum contracts and 60 days after for unit-price contracts and is suspended during any dispute over final quantities or payment amounts.[lv]
Inspections and Certifications
Before accepting a project as completed, the municipality must inspect the work and may approve payment only after the required inspections confirm compliance with the plans and specifications. [lvi]
Invoices for payment must include certification by the supervising architect, engineer, or designated official that the work complies with project requirements, and no payment may be made without it. Interim payments do not waive performance obligations, and final payment requires a sworn contractor certification of full compliance with the contract and specifications.[lvii]
These requirements protect public funds by ensuring work is properly completed before payment, preserving the municipality’s ability to require corrections, and creating a clear record that reduces disputes, claims, and audit risks.
CHANGE ORDERS AND CLAIMS
Change Order Caps
Change orders are subject to limits based on the original amount. If the original contract is $1,000,000 or less, total change orders may not exceed a 15% cumulative increase. If the original contract exceeds $1 million, total change orders may not exceed the greater of $150,000 or 10% of the original contract amount. If these limits are exceeded, the municipality must readvertise for bids on the remaining incomplete work.
Delegation Authority
Change orders must be formally approved by the municipality, and the reasons for approval must be recorded in the permanent records. A municipality may delegate approval authority for change orders of up to $40,000 or 10% of the contract amount, whichever is less, provided that any such approved change orders are reported to the governing body at the next regular meeting.[lviii]
Importance of Detailed Procedures
Clear, consistently enforced claim procedures are mandatory and help limit disputes, prevent surprise damages, and protect public funds, particularly for change orders and extra work. A contractor who fails to properly submit or itemize claims as required cannot later expand those claims in court.[lix]
ETHICS, CONFLICTS AND CRIMINAL PENALTIES
Governing Body Conflicts of Interest
Each bidder must submit a sworn written statement with the bid disclosing any potential conflicts of interest.
The statement must disclose any current or recent business relationships with the project’s architect, engineer, or related parties, including relationships involving company officers or directors, and identify all individuals involved or affirmatively state that none exist.[lx] The purpose of this requirement is to prevent conflicts of interest and protect the integrity of the competitive bidding process.
Members of a municipality’s governing body and their relatives within the third degree by blood or marriage may not have any direct or indirect financial interest in a municipal public construction contract, including through ownership, partnership, or similar arrangements. Any contract made in violation of this prohibition is void. A willful violation is a felony that requires removal from office and is classified as a Class D3 offense, punishable by imprisonment, fines, or both, including up to two years in prison for a first-time offense under 21 O.S. §20P.[lxi]
These requirements protect the integrity of competitive bidding by preventing favoritism and self-dealing, ensuring awards are based on merit and price, and reducing the risk of void contracts, criminal liability, and loss of public trust.
Collusion and Bid Rigging
Any collusion among bidders or suppliers that restrains competition renders the bids void and, if willful, constitutes a Class D1 felony punishable by up to five years’ imprisonment and applicable fines. The offender must serve at least 20% of the sentence imposed before becoming eligible for release, including release to electronic monitoring, and the court may also impose any applicable fines authorized by Oklahoma law.[lxii]
EMERGENCIES AND EXCEPTIONS
Emergency Declarations
The notice and bidding requirements of the act do not apply when an emergency is properly declared.
An emergency exists when a sudden, unexpected, or unforeseen condition threatens public health or safety or risks further damage to municipal property if not addressed promptly. A municipality may declare an emergency by a two-thirds vote of all members of the governing body.
Emergency Delegation Limits
The municipality may also, by a two-thirds vote, delegate limited authority to the chief administrative officer to declare an emergency for contracts not exceeding $150,000. If the chief administrative officer declares an emergency without prior governing body approval, the officer must notify the governing body within 10 days, explain the reasons for the declaration, and ensure the action is recorded in the official minutes.[lxiii]
CHALLENGES, ENFORCEMENT AND RECORD KEEPING
Taxpayer and Bidder Injunction Actions
Any Oklahoma taxpayer or bona fide unsuccessful bidder may, within 10 days after a public construction contract is executed, bring an action in the district court of the county where the work will be performed to enjoin the contract if it was awarded in violation of the act.[lxiv]
Record Retention Requirements
All bids, contracts, and required bonds must be kept by the municipality for at least five years from the bid opening or three years after the contract is completed, whichever period is longer, and these records must be available for public inspection as public records.[lxv]
Termination of Dormant Contracts
If a contract awarded under the act has had no work performed and no pending claim or litigation for the past 24 months, the municipality must terminate the contract.
After termination, the municipality must determine any final amount owed and send payment to the contractor’s last known address or deposit the funds with the state treasurer if the contractor cannot be located.
Once payment is made or deposited, the municipality and any surety are released from further liability. If the contractor does not claim the funds within 36 months, the money is transferred to the general revenue fund and all remaining liability on the project ends.[lxvi]
PRACTICAL TIPS AND TAKEAWAYS
Plan Early and Document Everything
Many bidding problems arise before bids are opened. Clearly define the scope, publish proper notice, and disclose all requirements, document decisions (especially responsibility determinations), and any award to someone other than the lowest bidder.
Do Not Try To Work Around the Act
Courts strictly enforce the Public Competitive Bidding Act and look to substance over form. Practices like contract splitting, informal negotiations, or post-bid changes designed to avoid bidding requirements can void contracts and expose officials to criminal penalties.
Use Discretion Carefully and Transparently
Municipalities have discretion to determine the “lowest responsible bidder,” but that discretion must be exercised objectively, consistently, and with written justification. Undocumented or after-the-fact reasoning invites injunctions and litigation.
Strong Contract Administration Protects Public Funds
Enforce claim procedures, inspection requirements, certifications, retainage rules, and change order limits exactly as written. Courts will hold contractors to these requirements, and doing so prevents surprise claims, cost overruns, and audit issues.
Ethics and Compliance Are Non-Negotiable
Conflict disclosures, prohibitions on financial interests, non-collusion affidavits, and restrictions on early bid disclosure are central to maintaining public trust. Violations can void contracts and lead to serious criminal consequences, including felony liability and removal from office.
ABOUT THE AUTHOR
Chase McBride is an Oklahoma attorney with a diverse practice. He earned his J.D. and M.B.A. from OU and a finance degree from TU. He holds certificates in law and entrepreneurship from the OU College of Law and sustainable investing from Harvard Business School. His practice focuses on the representation of individuals, businesses, public figures, and governmental entities throughout the state of Oklahoma.
ENDNOTES
[i] Rollings Constr., Inc. v. Tulsa Metro. Water Auth., 1987 OK 95 at ¶8.
[ii] Flynn Constr. Co. v. Leininger, 1927 OK 170 at ¶23.
[iii] 61 O.S. §103(A).
[iv] 61 O.S. §103(A).
[v] 61 OS §103(C)-(D).
[vi] United States Elevator Corp. v. City of Tulsa, 1980 OK 69.
[vii] 61 O.S. §133.
[viii] State ex rel. Bd. of Public Affairs v. Principal Funding Corp., 1975 OK 144.
[ix] 61 O.S. §126.
[x] 74 O.S. §85.7(A)(6)(a).
[xi] 61 O.S. §103.2.
[xii] 61 O.S. §103(G) and 61 O.S. 139.
[xiii] 61 O.S. §118 and See Rollings Constr., Inc. v. Tulsa Metro. Water Auth., 1987 OK 95 at ¶12.
[xiv] United Benefit Life Ins., Co. v. Norman Lumber Co., 1971 OK 52 at ¶3.
[xv] Carpet City v. Stillwater Mun. Hosp. Auth., 1975 OK 75 at ¶27.
[xvi] 61 O.S. §131.
[xvii] 61 O.S. §104(2).
[xviii] 61 O.S. §104(1).
[xix] 61 O.S. §105(1).
[xx] 61 O.S. §105(2).
[xxi] 61 O.S. §105(3).
[xxii] 61 O.S. §105(4).
[xxiii] 61 O.S. §105(5).
[xxiv] See Commer. Communs., Inc. v. State ex rel. Okla. Bd. of Pub. Affairs, 1980 OK 93.
[xxv] 61 O.S. §116(B).
[xxvi] 61 O.S §106; See also 1983 OK AG 124, Okla. Att’y Gen. Op. No. 83-124 (1983).
[xxvii] 61 O.S. §107.
[xxviii] 1983 OK AG 136, Okla. Att’y Gen. Op. No. 83-136 (1983).
[xxix] 61 O.S. §138.
[xxx] 61 O.S. §115.
[xxxi] 61 O.S. §109.
[xxxii] 61 O.S. §110.
[xxxiii] 61 O.S. §116(A).
[xxxiv] 21 O.S. §20N(B)-(F).
[xxxv] 61 O.S. §119.1.
[xxxvi] 61 OS §103(A).
[xxxvii] Hannan v. Bd. of Education, 1909 OK 320.
[xxxviii] J.D. Graham Constr., Inc. v. Pryor Pub. Sch. Indep. Sch. Dist. No. 1, 1993 OK CIV APP 44 at ¶10.
[xxxix] Flynn Constr. Co. v. Leininger, 1927 OK 170 at ¶23.
[xl] Rollings Constr., Inc. v. Tulsa Metro. Water Auth., 1987 OK 95 at ¶1.
[xli] Missouri Service Co. v. City of Stanberry, 341 Mo. 500, 108 S.W.2d 25 (1937).
[xlii] 61 O.S. §117.
[xliii] 61 OS §103(B).
[xliv] Rollings Constr., Inc. v. Tulsa Metro. Water Auth., 1987 OK 95.
[xlv] 61 O.S. §119.
[xlvi] 61 O.S. §111.
[xlvii] 61 O.S. §113.
[xlviii] 61 O.S. §113.
[xlix] Ark Wrecking Co. of Okla. v. Vargas Constr. Co., 2016 OK CIV APP 67 at ¶12.
[l] See Boren v. Thompson & Assocs., 2000 OK 3 and Haskell Lemon Constr. Co. v. Indep. Sch. Dist. No. 12 of Edmond, 1979 OK 5.
[li] 61 O.S. §128.
[lii] 61 O.S. §135.
[liii] 61 O.S. §120.
[liv] 61 O.S. §113.1 – 133.2.
[lv] 61 O.S. §113.3
[lvi] 61 O.S. §124.
[lvii] 61 O.S. §123.
[lviii] 61 O.S. §121.
[lix] M. J. Lee Construction Co. v. Oklahoma Transportation Authority, 2005 OK 87.
[lx] 61 O.S. §108.
[lxi] 61 O.S. §114.
[lxii] 61 O.S. §115. and 21 O.S. §20N(B)-(F).
[lxiii] 61 O.S. §130.
[lxiv] 61 O.S. §122.
[lxv] 61 O.S. §112.
[lxvi] 61 O.S. §137.
Originally published in the Oklahoma Bar Journal – OBJ 97 No. 8 (October 2026)
Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.