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 […]
News
RETAINAGE – WHAT CONTRACTORS SHOULD KNOW!
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 […]
PRE-LIEN NOTICE: Oklahoma Appellate Court First to Interpret 2001 Pre-Lien Notice Statute
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 […]
OSHA: New Miner Safety Bill Provides Vehicle for Radical Changes to the Occupational Safety and Health Act of 1970
The recently drafted Miner Safety and Health Act of 2010 (MSHA) began as a response to the recent multi-fatality accident at a Massey Energy Co. mine in West Virginia. It has now become a vehicle for passage of a much wider range of reforms to the Occupational Safety and Health Act of 1970. As proposed, […]
CONTRACT: WHAT IS “PERFORMANCE IN A GOOD AND WORKMANLIKE MANNER”?
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. […]