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 mediation experience looking for a cost-effective way to resolve construction conflicts.
Contract Drafting and Bid Negotiations
One of the most crucial elements of a construction project is a clear and concise contract. This allows all the parties involved a solid basis to begin the project. Our construction lawyers in Tulsa understand that each project is different from any other. When our attorneys draft or review your contract, we do so understand that steps we take today towards a quality contract can pay huge benefits down the line by limiting disputes. Our business law attorneys help contractors and sub-contractors draft and negotiate a wide range of contracts. From cost plus contracts, maximum cost projects and flat fee contracts we can help assure a quality contract.
Mechanic Liens Attorney in Tulsa
A mechanic lien is a tool used by general contractors and sub-contractors alike to ensure payment for materials and labor done on a project. When placing a mechanics lien on a project its important to understand and implement the extremely specific requirements set out in the Oklahoma mechanics lien statute. Its important to the enforceability of the lien that’s its filed in the right place at the right time and that it sets out all the elements of the claim. Our attorney both file and defend against mechanics liens.
Construction Bonds in Tulsa Oklahoma
A surety bond is common in larger construction projects. The bond agreement is made between the General Contractor and the bond company. The agreement says that the bond holder, subject to certain provision, agrees to compensate the end user of oblige in the event the contractor breaches the contract. Surety bonds are most common in bids involving Government Contracts This is set out in Federal law and is closely followed in Oklahoma. The law is found in the Miller act. If you need a surety bond its important that you seek the assistance of a construction and business law attorney.
Delay in Construction Performance
When there is a delay of performance in the construction project the delay is either excusable or it is not. What makes am excusable delay can always be spelled out in a well drafted construction contract. If its not found in the contract the Courts use certain guidelines to determine what kind of delay we are facing. An inexcusable delay is normally a delay caused by the contractor. This might involve starting the job in an untimely fashion or any number of delays caused by the contractor himself. An excusable delay is usually a delay that was unforeseeable at the onset of the contract. This is an event that neither party was able to prepare for and that was not otherwise set out in the terms of the original construction contract.
Force Majeure in Construction Contracts
Force Majeure is a French word. In French it means something like a “Superior Force”. An event that’s said to be Force Majeure is one that is beyond the reach of the contracting persons. Sometimes people think of a Force Majeure as an act of God. This may be correct, but the clause or defense contemplates much more than that. The truth is that many things, like a hurricane or bad weather, are acts of God but are not always considered force majeure. Force majeure looks at the circumstances of your case. Many times it looks to those events that could not have been prevented regardless of what either party did. The provision resembles the common law defense of impossibility.
In any event, its important that a contract contains a well drafted Force Majeure clause. In instances such as COVID-19 this clause would be successfully invoked as a defense. Other events can be drafted and agreed to ahead of time as force majeure terms. Those can include things like labor disputes to any other event that is contracted for.
Tulsa Construction Attorneys
If you have a construction issue and need the help of our experienced construction lawyers in Tulsa we can help. From contract drafting and construction bands and mechanics liens we want to be your construction law attorneys. Call Kania Law Office today for a free consultation at 918.743.2233