# VANGUARD BUILDERS, INC. v. GRANITE RE, INC.

> Court of Civil Appeals of Oklahoma · November 25, 2014 · 348 P.3d 1093

URL: https://www.frixlaw.com/law-library/cases/9810237

## Case

- **Full name:** VANGUARD BUILDERS, INC., an Oklahoma Corporation, Plaintiff/Appellant, v. GRANITE RE, INC., Defendant/Appellee, and L. Wallace Construction Company, Inc., an Oklahoma Corporation; Trilogy Development Group, Inc., an Oklahoma Corporation; Larry Wallace, an Individual; L. Adam Wallace, an Individual; And John Does 1 Through 5, Defendants
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** November 25, 2014
- **Citations:** 348 P.3d 1093; 2015 OK CIV APP 35; 2014 Okla. Civ. App. LEXIS 114; 2015 WL 2058806
- **Precedential status:** Published
- **Opinion:** Dissent by Fischer
- **Judges:** Thornbrugh, Rapp, Fischer
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9810237

## Opinion text

FISCHER, P.J.,
dissenting:
1 1 In my view, the amendments to 61 0.8. § 2 discussed by the Majority were made to conform the statute with other lien statutes. In my view, section 2 is still "an ordinary statute of limitation, not an extinguishment provision of the rights, liabilities and cause of action referred to in 61 0.9.1961 §§ 1 and 2." Phillips Petroleum Co. v. U.S. Fid. & Guar. Co., 1968 OK 23, ¶ 0 , 442 P.2d 303, 304 (Syllabus 1). Accepting as true Vanguard's argument that it was a direct subcontractor, it is undisputed that Vanguard did not file suit against Granite within the one-year limitation period required by section 2(A). Further, in its response to Granite's motion for summary judgment, Vanguard only asserted that its delay in filing this case resulted from its reliance on misleading statements by the contractor and its employee. 'Any suit on the bond not filed within the one-year limitation period is barred "unless the acts or conduct of the surety against whom the judgment is sought operates to estop such surety from pleading the limitation." Id. ¶ 0, 442 P.2d at 304 (Syllabus 2). No such "acts or conduct" of Granite are asserted by Vanguard. I would affirm the judgment of the district court and, therefore, respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9810237. Public record. Not legal advice.