Steven K. Metcalf (918) 430-3703 | Fax: (918) 430-3770 | smetcalf@mmmsk.com | vCard

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.

Credentials

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

Recent Results:

  • 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.

Bar Admissions:

  • 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

Education:

  • University of Tulsa College of Law, Oklahoma, 1991 – Juris Doctor With Honors
  • Oklahoma State University, Oklahoma, 1980 – Bachelor of Science in Engineering Technology

Published Works:

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

Online Articles