A homeowner hired a plumber to install a new sewer pipeline to his property in 1996. Many years passed until 2007 when a backup of raw sewage was allowed to seep into the home and damage the property. The homeowner filed a lawsuit against the plumber for breach of contract and the negligent work performed installing the new sewage line.
The Oklahoma Supreme Court ruled the replacement of a sewer pipeline constitutes an "improvement to real property" within the meaning of the statute of repose found in 12 O.S. § 109.
The Supreme Court determined the Oklahoma legislature intended there to be a limit on how long lawsuits could be brought that was absolute. As such, the defective installation of the sewer pipeline was no longer actionable. Kirby v. Jean’s Plumbing Heat & Air, 2009 OK 65.