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…
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…
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…
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…
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….
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…
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…
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…
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….
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…