Services

The Tulsa Construction Lawyer helps with alternative dispute resolution, bankruptcy issues, permitting, construction claims, lien issues, insurance issues, surety law, bonding, contract negotiations, contract drafting and review, dealing with administrative agencies, such as OSHA and the EPA or state environmental agencies, defending against construction claims for defect, delays, disruptions.

In this sense (case), ratification means acceptance of or officially recognizing the act of the agent, in this case which would be the general contractor, and consenting to be bound to the terms of that subcontract. This is typically where an agent would have entered into a contract that the agent didn’t initially have authority to enter in, and then the owner or principle agrees to the terms.

Mr. Brooks hired a general contractor who subsequently hired a subcontractor to install a home automation system in a house he was building. The system had problems and there was some payment withheld at the end of the job as a result of the problems, and the subcontractor sued for the withheld funds. The subcontractor in this case argued that Mr. Brooks and the general contractor had a agency-type agreement based on apparent authority and/or the owner ratified the contract.

Poor communication can indicate a lack of organization. Instances where large amounts of money are requested upfront, contractors with either too much work or too little work can cause problems. Prices or bids that seem too good to be true often as is you get what you pay for there. A high turnover with staff, or use of other subcontractors, early on unjustifiable delays, frequent delays. Endless excuses are another sign that there may be a problem on the horizon. Sometimes, lots of change orders where everything is extra depending on which side of the equation you’re on, that can be a good or a bad thing. Lack of capacity to obtain insurance or bonding. Poorly crafted contract documents that have spelling errors, grammar, organizational mistakes that are just generally cheap looking documents.

From a legal standpoint, it’s always important to get the permit because nonconforming or un-inspected work could expose an owner or a contractor to additional liability as a result of failing to adhere to the local regulations. And that can oftentimes create problems in the future.

Some of the affirmative defenses that are popular are substantial performance, satisfaction in the court, payment in full, economic, the economic loss doctrine, voluntary payment doctrine, failure of the condition precedent, or subsequent agency ratification, which I have talked about previously. Doctrine of unclean hands, waiver, estoppel, latches, statute of limitations, fraud, prevention of performance, injury or damages caused by a third-party, failure to mitigate, and that the defendant acted in a commercially reasonable manner, or on the flip side, the plaintiff acted in a un-commercially reasonable manner, or failed to act in a commercially reasonable manner. And, lastly, the right to offset damages and release.

In Oklahoma, each party is responsible for their own attorney’s fees, however, there are statutory provisions that allow for a prevailing party to recover attorney’s fees in cases brought to recover for labor and services or based on contract for sale of goods or other merchandise, which oftentimes a construction related issue would fall under.