Karen Carris D/b/a Sunbelt Construction, Appellant v. John R. Thomas and Associates, P.c., A/k/a Thomas, Davis…

Summary

The Supreme Court of Oklahoma held that a contractor who arbitrated contract disputes with the project owner and recovered partial damages was not barred by claim or issue preclusion from later suing the architectural firm and its employee for negligence and fraud, because they were not parties to the arbitration, the award made no findings on the tort issues, and the arbitration clause formally barred joining them. The court further held that a material fact question exists as to damages, making summary judgment improper. Certiorari previously granted; the Court of Appeals opinion was vacated and the trial court reversed. Justice Simms dissented, joined in part by Justice Opala, contending that defective plans causing construction delays or increased costs give rise only to contract claims, not tort.