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Attorneys

Steven K. Metcalf 
Tulsa, Oklahoma
Partner
phone (918) 582-1211
fax (918) 925-5239
email smetcalf@dsda.com

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
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
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


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


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


Professional Associations and Memberships:
Oklahoma Bar Association


American Bar Association


ABA Section of Construction Litigation


The firm's ability to grow and prosper over the years, while maintaining long standing relationships with clients, is the direct result of its philosophy of always placing the client first.

Offices

Tulsa
320 S. Boston Ave
Suite 500
Tulsa, OK 74103
(918) 582-1211

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Oklahoma City
201 Robert S. Kerr
Avenue - Suite 700
Oklahoma City, OK 73102
(405) 319-3500