Mud Trans, Inc. v. Foster-Dickenson & Co., Inc

In Mud Trans, Inc. v. Foster-Dickenson & Co., Inc., 1993 OK 94, 856 P.2d 282, the Court explained as follows: "In MBA, subcontractors on a building project on the Oklahoma State University campus sued the University's architect for damages resulting from the subcontractors' increased costs under the contract. The subcontractors alleged that these costs were the result of following plans and specifications, negligently prepared by the architect. The subcontractors started work on the project and billed the University, as general contractor, for the increased costs. The University refused to pay plaintiffs' statements. The University's refusal to pay occurred less than two years before the subcontractors sued, but more than two years after the subcontractors learned that the plans and specifications had been negligently prepared. The subcontractors admitted they knew more than two years before they sued that the plans and specifications were negligently drawn, but that they believed they would be paid if they did the work. The subcontractors claimed, and we agreed, that the statute of limitations had not run because the subcontractors could not have known they would suffer economic loss until the University refused to pay their statements." (Mud Trans, Inc., 856 P.2d at 285.) The Court then explained that MBA was distinguishable, in part, because while the subcontractors in MBA learned within two years of filing suit that they would suffer economic loss, "Mud Trans learned of its economic loss four years before it sued . . . ." Id.