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. […]
RISK TIP: PROMPTLY FORWARD SUMMONS AND PETITION.
Under the law, legal papers may be validly served on a company, corporation or partnership by delivering the legal papers to an officer, managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. Problems arise when the person within a company upon whom valid service […]
ENVIRONMENTAL ISSUES IN CONSTRUCTION CONTRACTS
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 […]
