Steven K. Metcalf is an accomplished lawyer with more than 18 years of experience successfully representing clients in all aspects of construction and real estate law and litigation. Whether in the day-to-day operation of the clients’ businesses, or the periodic instances in which some form of dispute resolution is involved, Mr. Metcalf serves as both a trusted advisor and top notch litigator. In his work with contractors, design professionals, owners, subcontractors, suppliers, sureties and developers, Mr. Metcalf has been 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 Circuit and Tenth Circuit. Mr. Metcalf also serves as General Counsel for several clients, where he works in partnership with the clients to promptly and properly address the various business and legal issues that arise in the clients’ day-to-day operations.
Mr. Metcalf’s legal experience follows a successful ten year career in construction management where he was involved in managing projects exceeding $200 million in value. This unique blend of practical construction experience and legal expertise allows Mr. Metcalf to get right to work with the client to address the dispute or issue at hand, frequently preventing a problem before it occurs, but able to effectively and efficiently resolve it once it does. His knowledge of the construction industry and construction terminology developed over ten years of first-hand experience in construction management allows Mr. Metcalf to bypass the delay and expense of the construction industry learning curve that most lawyers must overcome.
Mr. Metcalf has first-chair experience in litigating, arbitrating, mediating and negotiating all forms of construction disputes and construction contracts, including lien filing and foreclosure disputes, bid contests, code enforcement disputes, breach of contract and payment disputes, construction and design defect disputes, insurance-coverage claims, default and surety claims, payment and performance bond claims, and delay, acceleration and inefficiency claims.
In his role as General Counsel, Mr. Metcalf is a counselor and trusted advisor concerning any variety of legal, business and construction issues, including personnel issues, employment issues, contract drafting, interpretation, and negotiation issues, dispute and litigation management issues, code compliance issues, OSHA issues, construction, development and financing under state and federal government statutes and regulations, and a variety of other subjects.
Mr. Metcalf has been awarded the highest rating available (AV) by Martindale-Hubbell for ethical standards and legal ability, as determined by his peers and client, and has been selected by his peers for inclusion in The Best Lawyers in America in the area of Construction Law. Mr. Metcalf is also a frequent writer and speaker to lawyers and industry professionals regarding construction law and business topics.
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