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BOREN v. THOMPSON & ASSOCIATES

No. 90,437.

999 P.2d 438 (2000)

2000 OK 3

Gary BOREN d/b/a Reliable Plumbing, Jim Utley d/b/a Jim's Service Co., Interiors of Northwest Oklahoma, an Oklahoma Corporation, Southwest Glass and Door, a Kansas Corporation, J.A.G. Construction, a Kansas Corporation, and Sparks Electric, Inc., an Oklahoma Corporation, Plaintiffs-Appellees, and Jim Scott d/b/a Jim Scott Painting, Plaintiff, v. THOMPSON & ASSOCIATES, Defendant-Appellant, and Russell McBee d/b/a R.J. Builders, and McBee, Inc. d/b/a Thurman Wilson Insurance, Defendants.

Supreme Court of Oklahoma.

January 18, 2000.

Attorney(s) appearing for the Case

Rick Harbison, Larry Field, Guymon, Oklahoma, For Plaintiffs/Appellees.

Daniel H. Diepenbrock, Grant C. Shellenberger, Liberal, Kansas, For Defendant/Appellant.

¶ 1 KAUGER, J.:

¶ 2 The dispositive issue presented on certiorari is whether an architectural firm may be liable to subcontractors in negligence for damages arising from its architect's certification of payments to a contractor without a required statutory payment bond being secured. Under the facts presented, it may.

FACTS

¶ 3 Pursuant to 61 O.S.1991 §§ 11

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