Current Employment Position(s)

Partner

Lawyer Overview

Steven K. Metcalf received a Bachelor of Science degree in Engineering Technology from Oklahoma State University in 1980 and a law degree with honors from the University of Tulsa College of Law in 1991.

After receiving his undergraduate degree, Mr. Metcalf worked ten years in construction management and estimating with a nationally recognized general contractor/construction manager. He joined the Firm in 1991and has devoted his practice since that time to representing owners, developers, contractors, subcontractors, vendors and suppliers in all areas of construction law and dispute resolution.

Mr. Metcalf regularly represents clients in the drafting and negotiation of construction contracts, filing and foreclosing mechanic and materialman liens, advises them in claim preparation and various aspects of project management, defends and prosecutes lien claims and payment and performance bond claims on their behalf, and provides representation in a wide range of litigation, arbitration, and mediation.

Mr. Metcalf also has significant experience in both simple and complex multi-party construction litigation, and arbitration, assists construction clients in challenging OSHA citations and enjoys the highest rating (AV) awarded by the Martindale-Hubbell legal directory for legal and ethical conduct.

Mr. Metcalf is also certified as a mediator with an emphasis on business and construction related disputes.

Mr. Metcalf is a frequent speaker on subjects involving construction contracting, claim preparation, construction litigation and arbitration and lien filings and foreclosure.

Significant professional accomplishments (court cases/transactions)

• 2004 - Obtained $2.1 million arbitration award for mechanical contractor claiming damages for delay, changed conditions, change order work and lost efficiency and successfully defended on appeal.
• 2005 - Negotiated $28,000 litigation settlement in favor of roofing contractor against public school owner in Parsons, Kansas .
• 2005 - Obtained litigation settlement of $137,000 for masonry contractor claiming failure of payment against general contractor and payment bond surety on public school construction project.
• 2006 - Negotiated arbitration settlement in the amount of $238,000 in favor of roofing contractor against general contractor on a Corps of Engineers project in Kansas .
• 2006 - Obtained $48,000 settlement on behalf of commercial property lessee claiming tortuous interference with contract against property owner.
• 2007 - Obtained $85,000 arbitration award for subcontractor seeking payment on Corps of Engineers project.
• 2007 - Settled in mediation a $350,000 claim of negligence against a project architect for a public trust owner.
• 2007 - Settled in mediation a $450,000 contract termination and performance bond arbitration against a general contractor on behalf of an owner/developer.
• 2007 - Settled on favorable terms in mediation a $180,000 claim against steel erection/crane rental client in negligent operation and defective equipment litigation.
• 2008 - Obtained $200,000 judgment in negligent injury to property litigation for electrical contractor.
• 2008 - Obtained $33,000 judgment on behalf of mechanical contractor for failure of payment by general contractor.
• 2008 - Obtained settlement of $17,000 for masonry contractor in failure of payment litigation with general contractor and its surety regarding public school construction project.
• 2008 - Settled $10.5 million construction defect litigation on favorable terms for steel erection subcontractor.

Areas of Practice

• Construction Law
• Construction Contract Drafting and Negotiation
• Lien Filings and Foreclosure
• Construction Contract and Claims Litigation
• Suretyship Law
• General Civil and Commercial Litigation

West Practice Categories

Alternative Dispute Resolution, Foreclosures, Business & Commercial Law, Contracts, Construction Law, Estate Planning, Family Law, Insurance Law, Fidelity, Guarantee & Surety, Litigation & Appeals, Real Estate Law

Bar Admissions

• Oklahoma, 1991
• U.S. District Court Northern District of Oklahoma
• U.S. Bankruptcy Court Eastern District of Oklahoma
• U.S. District Court Western District of Oklahoma
• U.S. Court of Appeals 10th Circuit

Professional Associations and Memberships

• Oklahoma Bar Association
• American Bar Association
• ABA Section of Construction Litigation

Honors and Awards

• 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

Education

• University of Tulsa College of Law, Tulsa, Oklahoma
  Juris Doctor
  Honors: With Honors
  
  Law Journal: Tulsa Law Journal, Senior Editor and Staff Member
• Oklahoma State University, Stillwater, Oklahoma, 1980
  Bachelor of Science
  Major: Engineering Technology

Accepts Credit Cards

Published Works

• 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

Address

320 South Boston Avenue
Suite 500
Tulsa, OK 74103-3725

Phones

(918) 582-1211

Faxes

(918) 925-5239

Emails

smetcalf@dsda.com

Websites

http://www.dsda.com