Title 62 O.S. Sec. 310.9
Group:
Am I understanding this statute correctly? Your political subdivision only needs to have the affidavit signed if it is for "construction materials" in excess of $25,000 but for "work and materials", it is optional?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
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Where are you getting that, Larry?
I read it as required for both. I am not seeing anything that makes it optional?
“every contract . . . for an architect, contractor, engineer or supplier of construction materials of Twenty-five Thousand Dollars ($25,000.00) or more.”
Sent from my iPhone
On Aug 8, 2020, at 2:11 PM, Larry Vickers larry@lvickerslaw.com wrote:
Group:
Am I understanding this statute correctly? Your political subdivision only needs to have the affidavit signed if it is for "construction materials" in excess of $25,000 but for "work and materials", it is optional?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
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Paragraph B states "may require..."
That was the part that threw me.
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Kimberlee Spady Kim@spadylaw.com
Sent: Saturday, August 8, 2020 1:55:09 PM
To: Larry Vickers
Cc: oama@lists.imla.org
Subject: Re: [Oama] Title 62 O.S. Sec. 310.9
Where are you getting that, Larry?
I read it as required for both. I am not seeing anything that makes it optional?
“every contract . . . for an architect, contractor, engineer or supplier of construction materials of Twenty-five Thousand Dollars ($25,000.00) or more.”
Sent from my iPhone
On Aug 8, 2020, at 2:11 PM, Larry Vickers larry@lvickerslaw.com wrote:
Group:
Am I understanding this statute correctly? Your political subdivision only needs to have the affidavit signed if it is for "construction materials" in excess of $25,000 but for "work and materials", it is optional?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
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If we are looking at 62 O.S. §310.9 B, then it reads to me as it if applies in circumstances where you have need for work, services, or materials from the same entity over the course of the fiscal year, “on a continual basis”, and in that case the municipality “may” do one affidavit for the whole year.
Jeff Bryant
OMAG’s COVID-19 Info Page: https://www.omag.org/covid19-faq
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
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From: Oama oama-bounces@lists.imla.org On Behalf Of Larry Vickers
Sent: Saturday, August 8, 2020 2:59 PM
To: Kimberlee Spady Kim@spadylaw.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] Title 62 O.S. Sec. 310.9
Paragraph B states "may require..."
That was the part that threw me.
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C07595eafcd724f9cb74008d83bd59822%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637325135876663388&sdata=tJOgVwp7%2FTE1OflrPE86YMoSnjPutgayCF035H3brIk%3D&reserved=0
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Kimberlee Spady <Kim@spadylaw.commailto:Kim@spadylaw.com>
Sent: Saturday, August 8, 2020 1:55:09 PM
To: Larry Vickers
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Title 62 O.S. Sec. 310.9
Where are you getting that, Larry?
I read it as required for both. I am not seeing anything that makes it optional?
“every contract . . . for an architect, contractor, engineer or supplier of construction materials of Twenty-five Thousand Dollars ($25,000.00) or more.”
Sent from my iPhone
On Aug 8, 2020, at 2:11 PM, Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com> wrote:
Group:
Am I understanding this statute correctly? Your political subdivision only needs to have the affidavit signed if it is for "construction materials" in excess of $25,000 but for "work and materials", it is optional?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C07595eafcd724f9cb74008d83bd59822%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637325135876663388&sdata=tJOgVwp7%2FTE1OflrPE86YMoSnjPutgayCF035H3brIk%3D&reserved=0
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
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