In a Construction Contract, Can the Owner Bring Claims Directly Against the Subcontractor?

Claims Against Subcontractor

In construction disputes, owners often assume they can pursue claims directly against everyone who worked on the project. In reality, the answer is usually no—but with important exceptions. Whether an owner can bring claims directly against a subcontractor depends on the contractual relationship, the nature of the claim, and the law’s treatment of privity and third-party liability. Many construction lawsuits turn on…

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What Is a Change Order in a Tulsa Construction Case, and Is It Enforceable?

Change Orders

In construction disputes, few issues create more conflict than change orders. Owners believe extra work should have been included in the original price. Contractors believe they performed additional work and deserve additional payment. Many construction cases in Oklahoma turn on whether a change order exists—and whether it is legally enforceable. Understanding what a change order is and when it’s enforceable is…

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Legal Actions Against Solar Companies: What Homeowners and Businesses Need to Know

Legal Action Against Solar Companies

If you’re taking legal action against solar companies, there are things you need to know. In recent years, solar energy has become a popular option for homeowners and small businesses looking to cut energy costs and support renewable energy. Unfortunately, not all solar energy companies operate in good faith. Some consumers find themselves facing misleading sales tactics, defective equipment, installation…

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Explaining The Warranty of Merchantability When Building a New Home in Oklahoma

Change Orders

The Warranty of Merchantability is a term that doesn’t often come up when purchasing a new home, but is crucial when it applies. When you have a new home built, many buyers may not initially be concerned about the condition of the property and the long-term reliability of its construction. Most people purchasing a newly built home have a certain…

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What is the Burden of Proof in a Civil Case In Oklahoma?

Temporary Orders Can be Appealed

Understanding the Burden of Proof When you’re involved in a civil lawsuit in Oklahoma, it’s crucial to understand the burden of proof. This is about how much evidence you need to present in order to win your case. The burden of proof is a legal standard that helps the court decide whether the claims you make are more likely true…

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When Should You Go To Oklahoma Small Claims Court?

Temporary Orders Can be Appealed

In the United States, most states have a small claims court division of their judicial system. In Oklahoma, the small claims court helps take smaller cases off the district court’s docket to free them up for more complex and severe claims, such as a million-dollar oil-spill case. By going to small claims court instead of filing your lawsuit in the…

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Mediation Vs. Arbitration For Construction Defects in Oklahoma

Purpose of a Partnership Agreement

Mediation Vs. Arbitration clauses for construction defects in Oklahoma are common in many construction contracts. If you have recently hired a contractor to repair or replace something on your home or business, you have likely signed a contract that included some kind of mediation or arbitration provision. These provisions are in most service contracts and require the parties to go…

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When Can I Be Awarded Punitive Damages For Personal Injury in Tulsa Oklahoma?

Rights as an Injured Passenger

Punitive damages for personal injury in Oklahoma are sometimes available to our clients. As in every other state, Oklahoma’s civil court system provides individuals with a mechanism for recourse when harmed by the negligent, reckless, and intentional conduct of others. If you live in Oklahoma and have been wrongfully injured, you have the right to seek compensation for your injuries….

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Who Pays Attorney Fees In A Breach Of Contract Case in Oklahoma?

Disqualifications For Filing Bankruptcy

A frequently asked question is who pays attorney fees in a breach of contract case. The primary rule governing the payment of attorney’s fees has had an unusual recent history in Oklahoma. Nonetheless, the prevailing party can recover its attorney’s fees in some cases, including breach of contract cases. In many cases, current Oklahoma statutory law covers the payment of…

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What Is An Arbitration Clause in Oklahoma Contracts?

Quiet Title or A Probate

An arbitration clause is an agreement that any disputes will be settled by an arbitrator, who is a lot like a judge, in an arbitration hearing, which is like a court case. Arbitration clauses in Oklahoma contracts are very common with differing language regarding enforceability. Parties can use this kind of contract clause to settle most any type dispute that…

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Tips For Drafting Construction Contracts

Family Law Appeal

Drafting construction contracts are supposed to contain the rights and duties of everyone involved in a given project. A clear construction contract allows both the contractor and the property owner to accurately reflect their expectations. It can prevent or mitigate stressful disputes, saving everyone time and money. Here are some tips provided by our Tulsa business law attorney that you…

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Is a Liquidated Damages Clause Enforceable in Oklahoma Contracts?

Oklahoma law permits the use of a liquidated damages clause in business law contracts. However, these provisions must comply with all legal requirements to prevent a court from invalidating them. Liquidated damages provisions might provide some protection against liability in breach of contract cases. As an example, a construction project on your property requires more time than the company estimated….

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Construction Lawyers in Tulsa

When hiring an attorney for your construction law case its important to hire one with extensive litigation experience. At Kania Law Office our construction lawyers in Tulsa have a broad range of litigation experience involving construction law. Our Oklahoma attorneys take a holistic approach to solving construction related problems. This means that we draw on many years of litigation and…

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