Mr. Metcalf is an accomplished construction lawyer with more than 20 years of experience successfully representing clients in all aspects of construction and real estate law and litigation. Whether dealing with the day-to-day legal issues that arise in a client’s business, or serving as an effective client advocate in the periodic disputes that clients face, Mr. Metcalf serves as both a trusted advisor and effective litigator in partnership with the client.
Mr. Metcalf’s legal practice follows a successful ten year career in construction management where he developed an intimate knowledge of the construction industry and its practices and processes. This practical understanding of the construction business allows Mr. Metcalf to immediately identify the issues and get right to work addressing the client’s concerns.
Mr. Metcalf has first-chair experience litigating, arbitrating and mediating all types of construction disputes, and is active in state and federal trial courts in Oklahoma, Missouri and Arkansas, in arbitration and mediation throughout the Midwest, and in state and federal appellate courts in Oklahoma, Texas, the Eighth and Tenth Circuit Courts of Appeal, and in the Federal Court of Claims. Mr. Metcalf also frequently serves as a mediator and arbitrator in construction and other disputes.
In his role as outside General Counsel for several clients, Mr. Metcalf works in partnership to promptly address the myriad business and legal issues that the clients face on a day-to-day basis. In this capacity, Mr. Metcalf frequently reviews and negotiates construction contracts for project owners, contractors and subcontractors, provides legal advice regarding local, state and federal code compliance, gives direction regarding claim preparation and documentation, and assists in developing pre-litigation and litigation planning and strategy when the client is represented by its insurer.
Mr. Metcalf is recognized by Best Lawyers® as among the nation’s top lawyers in the areas of Construction Law and Construction Litigation, and based on his particularly high level of peer recognition has been selected as Best Lawyers® 2014 Construction Lawyer of the Year for the Tulsa area. Mr. Metcalf also enjoys the highest rating (AV) by Martindale-Hubbell for ethical standards and legal ability as determined by his peers and clients and is recognized by Super Lawyers® in the area of Construction Litigation.
A frequent writer and speaker to lawyers and industry professionals regarding construction law and construction business topics, Mr. Metcalf is also active in the community.
Areas of Practice:
- Construction Law (all areas)
- Construction and Design Defect Claims
- Real Estate Law (construction related)
- Insurance-Coverage Claims
- Lien Filing and Foreclosure
- Contract Default and Surety Claims
- Bid contests
- Payment and Performance Bond Claims
- Code Enforcement
- Delay, Acceleration and Inefficiency Claims
- Construction Contract Drafting and Negotiation
- General and Complex Business Litigation, Mediation and Arbitration
- 2004 – $2.1 million arbitration award for mechanical contractor claiming damages for delay, changed conditions, extra work and lost efficiency, and successfully defended award on appeal.
- 2005 – favorable settlement in arbitration of $137,000 failure of payment for masonry contractor against general contractor and payment bond surety on public school project.
- 2006 – $238,000 arbitration award in favor of roofing contractor against general contractor on a Corps of Engineers project in Kansas and successful defense of appeal.
- 2007 – $85,000 arbitration award for subcontractor seeking payment from general contractor on Corps of Engineers project.
- 2007 – $350,000 settlement for public trust owner of negligence claim against project architect.
- 2007 – $450,000 settlement of contract termination and performance bond arbitration claim against general contractor on behalf of owner/developer.
- 2007 – favorable settlement of $180,000 negligent operation and defective equipment claim against steel erection/crane rental client.
- 2008 – $204,000 judgment in negligent injury to property litigation for electrical contractor.
- 2008 – $17,000 settlement for masonry contractor in failure of payment litigation with general contractor and its surety regarding public school construction project.
- 2008 – favorable settlement of $10.5 million construction defect litigation against steel erection subcontractor client.
- 2009 – favorable settlement of $650,000 breach of construction contract claim against owner.
- 2009 – favorable settlement of $83,000 breach of construction contract and lien foreclosure claims against a project owner client by general contractor and subcontractor.
- All Oklahoma District and Appellate Courts
- U.S. District Court for the Northern, Eastern and Western Districts of Oklahoma
- U.S. Court of Appeals for the 10th Circuit
- U.S. Court of Appeals for the 8th Circuit
- University of Tulsa College of Law, Oklahoma, 1991 – Juris Doctor With Honors
- Oklahoma State University, Oklahoma, 1980 – Bachelor of Science in Engineering Technology
The Best Lawyers in America, Construction Law, 2010-2011
The Oklahoma Public Competitive Bidding Act of 1974: Ingenuity in Submitting to the Process, 25 Tulsa LJ, 843, 1990
The Right to Vote of the Mentally Disabled in Oklahoma: A Case Study in Over Inclusive Language and Fundamental Rights, 25 Tulsa LJ, 171, 1989
Just When You Thought Arbitration was a Good Thing, or Some Ways to Avoid Irrational and Irreversible Arbitration Results, Oklahoma Employment Law Letter – M. Lee Smith, 2000
Calculating the Overtime Rate for Employees Paid on a Day-Rate Basis – Are There Benefits to Employers in Paying Day Rates?, Oklahoma Employment Law Letter – M. Lee Smith, 2000
Court Says Contractor Must Pay Foreman for Travel Time To and From Shop to Job Site, Oklahoma Employment Law Letter – M. Lee Smith, 1999
Honors and Awards:
- Highest rating (AV) from Martindale Martindale-Hubbell for ethical standards and legal ability as determined by his peers and clients
- Tulsa Law Journal, Senior Editor and Staff Member
- Order of the Curule Chair – University of Tulsa College of Law, 1991
- Robert C. Butler Jr. Award for Excellence in Legal Scholarship and Writing, University of Tulsa College of Law, 1989 – 1990
Professional Associations and Memberships:
- Oklahoma and American Bar Associations
- ABA Section of Construction Litigation
- RISK TIP: TEN STEPS (PLUS ONE) TO MINIMIZE YOUR RISK.
- RETAINAGE – WHAT CONTRACTORS SHOULD KNOW!
- OSHA: New Miner Safety Bill Provides Vehicle for Radical Changes to the Occupational Safety and Health Act of 1970
- CONTRACT: WHAT IS “PERFORMANCE IN A GOOD AND WORKMANLIKE MANNER”?
- RISK TIP: PROMPTLY FORWARD SUMMONS AND PETITION.
- ENVIRONMENTAL ISSUES IN CONSTRUCTION CONTRACTS
- BE CAREFUL WITH YOUR PROPOSAL.
- CRANE OPERATOR RE-QUALIFICATION NOT REQUIRED BY OSHA
- FALSIFYING SAFETY REPORTS DOES NOT PAY
- TOUGHER INSPECTIONS, HIGHER FINES EXPECTED IN OBAMA ADMINISTRATION
- OSHA PUBLISHES FINAL PERSONAL PROTECTIVE EQUIPMENT RULE
- FAILURE TO DEMAND ARBITRATION IN ACCORDANCE WITH CONTRACT IS FATAL TO SUBCONTRACTOR CLAIMS.
- BID PROTEST DERAILS LAS VEGAS MOB MUSEUM PROJECT.
- DEPARTMENT OF LABOR ISSUES FINAL RULE ON WORKER PRIVACY IN PAYROLL REPORTS FOR FEDERAL CONSTRUCTION
- A MATRIX OF SELECT CLAUSES IN THREE STANDARD FORM CONTRACTS
- Hostile Work Environment Claims – They’re Not Just for Employees Anymore.
- The Law Giveth and the Law Taketh Away: Invalidating Claim Release Agreements in Age Discrimination Cases.
- TRAITORS IN THE WORKPLACE: HOW NEGATIVE PERFORMANCE EVALUATIONS CAN BE USED AGAINST EMPLOYERS
- Calculating the overtime rate for employees paid on a day-rate basis – Are there benefits to employers in paying day rate?
- Just When You Thought Arbitration Was a Good Thing, or Some Ways to Avoid Irrational and Irreversible Arbitration Results.
- FEDERAL COURT SAYS PRIME CONTRACTOR MAY SEQUENCE WORK ANY WAY IT CHOOSES IF THE PROJECT SCHEDULE IS NOT CREATED OR PUBLISHED PRIOR TO SUBCONTRACT EXECUTION
- OSHA APPROVES NEW TRAINING RULES FOR FORKLIFT OPERATORS
- JOB APPLICANT CAN SUE UNDER ADA DUE TO MEDICAL HISTORY QUESTIONS ON JOB APPLICATION, EVEN IF NOT DISABLED
- COURT SAYS CONTRACTOR MUST PAY FOREMAN FOR TRAVEL TIME FROM SHOP TO JOB SITE AND BACK
- UTILITY CONTRACTORS BEWARE – EXEMPTIONS FROM OKIE-ONE CALL STATUTE ARE NOT ALL THEY SEEM
- PUBLIC WORKS PAYMENT BONDS PROVIDE SECURITY TO ALL PARTIES SUPPLYING LABOR AND MATERIAL TO PUBLIC WORKS PROJECTS IN OKLHOMA
- CHANGES TO THE LAW OF DEFAMATION IN THE CONTEXT OF EMPLOYEE REFERENCES.
- CONSTRUCTION CONTRACTORS AND CERCLA LIABILITY.
- SUPREME COURT ADDRESSES INDEPENDENT CONTRACTOR ISSUES
- OKLAHOMA SUPREME COURT BROADENS APPLICATION OF STATUTE OF REPOSE
- BID BOND FORFEITURE UNDER PUBLIC COMPETITIVE BIDDING ACT OF 1974.