Construction Archives - McDonald Law, PLLC

Steven Metcalf and William Spitler Speaking at Fundamentals of Construction Contracts Seminar

gurustu — Mon, 18 Apr 2011 21:35:30 +0000

Steven K. Metcalf and William H. Spitler will be speaking as part of an upcoming seminar in Tulsa, Oklahoma entitled Fundamentals of Construction Contracts: Understanding the Issues. If this seminar topic is of interest to you, McDonald & Kindelt, LLP would like to personally invite you to attend. As guests of the Firm you are […]

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STATUTES OF LIMITATIONS AND REPOSE AFFECTING CONSTRUCTION CLAIMS

wspitler — Fri, 01 Oct 2010 17:26:24 +0000

In construction law, statues of repose and statutes of limitation both impose time bars that prevent a party from asserting a claim after the passage of some period of time. However, there are significant differences in these two types of statutes which are important to understand, whether you find yourself bringing or defending a claim. […]

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RISK TIP: TEN STEPS (PLUS ONE) TO MINIMIZE YOUR RISK.

smetcalf — Mon, 20 Sep 2010 17:45:26 +0000

There are many practical ways a contractor or vendor can reduce its risk in the construction industry. In an earlier article, we revealed the first five in a series of eleven risk tips that are among our most recommended. Following are the other six. 6. Give prompt notice of extra work or increased costs. Anytime […]

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RETAINAGE – WHAT CONTRACTORS SHOULD KNOW!

smetcalf — Mon, 20 Sep 2010 17:38:40 +0000

The following article addresses retainage in the context of the owner-contractor relationship. Subcontracts often have similar retainage provisions. The same principals discussed herein are generally applicable to the contractor-subcontractor relationship. Retainage is a term of art in the construction industry. It consists of contract funds earned by a contractor for work performed on a project […]

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PRE-LIEN NOTICE: Oklahoma Appellate Court First to Interpret 2001 Pre-Lien Notice Statute

wspitler — Wed, 15 Sep 2010 17:37:48 +0000

In a prior article, we explained Oklahoma’s pre-lien notice statute and what action should be taken and when in order to comply with its provisions. The importance of properly complying with its terms, as we explained, lies in the language of the statute wherein the “[f]ailure of the claimant to comply with the pre-lien notice […]

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CONTRACT: WHAT IS “PERFORMANCE IN A GOOD AND WORKMANLIKE MANNER”?

smetcalf — Thu, 15 Jul 2010 17:18:35 +0000

You are preparing to bid a job. You are reviewing the form of contract you will be called upon to execute if you are successful. You read – “contractor will perform its work in a good and workmanlike manner.” You’ve read this or similar language many times. You’ve signed many contracts requiring a “workmanlike” performance. […]

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ENVIRONMENTAL ISSUES IN CONSTRUCTION CONTRACTS

smetcalf — Thu, 01 Jul 2010 16:55:56 +0000

INTRODUCTION Unknown or undisclosed hazardous materials or substances can have catastrophic financial and schedule impacts if they are discovered at a construction site. The financial impacts arise from extremely expensive remedial actions mandated by various regulatory agencies whenever hazardous materials are discovered or spilled. The schedule impacts arise from the disruption to the planned construction […]

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BE CAREFUL WITH YOUR PROPOSAL.

smetcalf — Sun, 10 Jan 2010 16:42:12 +0000

Many times the enthusiasm of contractors intent on impressing project owners or contractors is expressed in proposals that contain statements like: • “Our scheduling program will eliminate schedule coordination problems.” • “Our dedicated project team will reduce cost and optimize schedule.” • “Our attention to detail minimizes program costs.” • “We are best at managing […]

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CRANE OPERATOR RE-QUALIFICATION NOT REQUIRED BY OSHA

smetcalf — Fri, 11 Dec 2009 16:35:54 +0000

In an interpretation letter released January 21, the Occupational Safety and Health Administration determined that while crane operators must pass a practical examination to operate cranes, they do not have to be re-qualified under current federal standards. Current federal standards require crane operators to meet the requirements prescribed by the American National Standards Institute (ANSI) […]

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FALSIFYING SAFETY REPORTS DOES NOT PAY

smetcalf — Thu, 03 Dec 2009 16:34:43 +0000

A Tennessee Valley Authority contractor recently agreed to pay $6.2 million to settle charges it falsified safety records and failed to maintain required safety logs. The contractor’s actions (or lack of action) was apparently driven by its effort to earn safety related performance-based fees under its $1 billion contract with the TVA. In addition to […]

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