Legal Expertise for Oklahoma Contractors
What Are Acceleration Damages?
I'm going to discuss about what acceleration damages are. Oftentimes a contractor is rushed to complete a job ahead of schedule, or a portion of a job ahead of schedule compared to what was contracted for and as a result incurs additional expenses. And there may in a event like this be a claim for accelerated damages. And that is typically the additional expense incurred to meet the compressed time schedule. Obviously this is a case by case situation and it may not be reasonable to seek acceleration damages. Read more »How Weather Can Affect Different Types of Claims for Delays
Typically a unforeseeable weather event is weather that's uncharacteristic for the time of year, since weather is for the most part considered a foreseeable event as there are lots of resources out there to establish weather patterns. For instance, the National Oceanic and Atmospheric Agency has very detailed information on weather conditions throughout the country, and the world for that matter. However, when there is a severe weather event, there may be opportunity for additional time or compensation, depending on the results of the event and how it's affected performance on a project. Otherwise, typically, bad weather doesn't justify additional time as it is foreseeable. Read more »The Truth Behind a Liquidated Damages Clause
Liquidated damages are essentially a variation on actual damages and they're often used when actual damages would be hard to calculate. But from a contracting perspective, one wants to be mindful that they're not signing or agreeing to something that is inequitable. Otherwise, the risks are not being accurately allocated. This would be a one-sided situation where the risk far outweighs the reward. It's important to know what you're signing. Liquidated damages should also not be viewed as a punishment, but more as a compensation for loss, even though it can have the same feel as a punishment. Read more »What Is Time Is of the Essence Clause?
In the event that there is a failure to meet deadlines a contractor can be exposed to damages for that delay. And if there's an accompanying liquidated damages clause that can outline additional damages beyond what may occur as just a result of the delay, that's why it's important when entering a contract with the time of the essence clause, there is a considerable thought put into how the project is going to progress and contingencies built into the schedule. So that in the event that there is a delay, a foreseeable delay that there's room there for error, and that one can continue and hopefully meet the schedule and avoid exposing themselves to damages as a result of the delay. Read more »Should a Contractor Hire a Construction Attorney?
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. Read more »Lets Talk About a Recent Garth Brooks' Case Part 2
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. Read more »Lets Talk About a Recent Garth Brooks' Case Part 1
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. Read more »
