Empathy List Archives

KR

Kay Robbins Wall

Thu, Jun 8, 2023 9:13 PM

Fellow attorneys:
I fear that I am approaching litigation as one of my towns is trying to complete a construction project.All advice is appreciated.
1. Can I agenda an item as executive session, in order to:a. Offer a settlement amount in order to avoid litigation, although litigation has not yet been threatened or filed (but is a logical next step.)
b. retain an attorney for my town who is an expert in this area?(Are any of you experts in this area, in an attempt to negotiate or litigate?) within 45 minute drive of Tulsa
2. How do you make sure that subcontractors have been paid, or have amounts outstanding, if the contractor is not cooperating?
3. Can unpaid subcontractors file a lien against the municipality?
In my situation, I know of one other city that is having the same issues with the same contractor.If we subtract the per day penalty that cannot be justified, there are not enough funds remaining to cover the completion of the project.
The engineering firm has sent a letter to the surety placing the surety on notice.
All advice appreciated.
Thank you,
Kay Wall(9l8) 689-7737 offic

Fellow attorneys: I fear that I am approaching litigation as one of my towns is trying to complete a construction project.All advice is appreciated. 1. Can I agenda an item as executive session, in order to:a. Offer a settlement amount in order to avoid litigation, although litigation has not yet been threatened or filed (but is a logical next step.) b. retain an attorney for my town who is an expert in this area?(Are any of you experts in this area, in an attempt to negotiate or litigate?) within 45 minute drive of Tulsa 2. How do you make sure that subcontractors have been paid, or have amounts outstanding, if the contractor is not cooperating? 3. Can unpaid subcontractors file a lien against the municipality? In my situation, I know of one other city that is having the same issues with the same contractor.If we subtract the per day penalty that cannot be justified, there are not enough funds remaining to cover the completion of the project. The engineering firm has sent a letter to the surety placing the surety on notice. All advice appreciated. Thank you, Kay Wall(9l8) 689-7737 offic

KB

Katrina Bodenhamer

Fri, Jun 9, 2023 3:09 PM

Hi Kay,

We are currently in litigation with a construction company. I always put litigation issues as an executive session agenda item, and get approval for a settlement amount from City Council before I make a settlement offer. We are handling this case in-house, but our City Council will authorize the hiring of outside council if we deem it necessary.

We check county land records for liens from subcontractors. I believe subcontractors always have the right to file a lien, but your contractor may be liable for any liens depending on your agreement with the contractor. In our contract, this particular contractor is liable for all liens and for obtaining lien releases from subcontractors. Someone else may have more information on this, I’m a fairly new city attorney.

Katrina S. Bodenhamer
City Attorney
PO Box 1927
229 West Okmulgee
Muskogee, OK 74402
918.684.6276
City of Muskogee Websitehttps://www.muskogeeonline.org/ | City Facebookhttps://www.facebook.com/MyMuskogee

[cid:image001.jpg@01D93595.B4884910]

From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Thursday, June 8, 2023 4:13 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] difficulties with contractors/ surety nearing completion of project

Fellow attorneys:

I fear that I am approaching litigation as one of my towns is trying to complete a construction project.
All advice is appreciated.

Can I agenda an item as executive session, in order to:
a. Offer a settlement amount in order to avoid litigation, although litigation has not yet been threatened or filed (but is a logical next step.)

b. retain an attorney for my town who is an expert in this area?
(Are any of you experts in this area, in an attempt to negotiate or litigate?) within 45 minute drive of Tulsa

How do you make sure that subcontractors have been paid, or have amounts outstanding, if the contractor is not cooperating?
Can unpaid subcontractors file a lien against the municipality?

In my situation, I know of one other city that is having the same issues with the same contractor.
If we subtract the per day penalty that cannot be justified, there are not enough funds remaining to cover the completion of the project.

The engineering firm has sent a letter to the surety placing the surety on notice.

All advice appreciated.

Thank you,

Kay Wall
(9l8) 689-7737 offic

Hi Kay, We are currently in litigation with a construction company. I always put litigation issues as an executive session agenda item, and get approval for a settlement amount from City Council before I make a settlement offer. We are handling this case in-house, but our City Council will authorize the hiring of outside council if we deem it necessary. We check county land records for liens from subcontractors. I believe subcontractors always have the right to file a lien, but your contractor may be liable for any liens depending on your agreement with the contractor. In our contract, this particular contractor is liable for all liens and for obtaining lien releases from subcontractors. Someone else may have more information on this, I’m a fairly new city attorney. Katrina S. Bodenhamer City Attorney PO Box 1927 229 West Okmulgee Muskogee, OK 74402 918.684.6276 City of Muskogee Website<https://www.muskogeeonline.org/> | City Facebook<https://www.facebook.com/MyMuskogee> [cid:image001.jpg@01D93595.B4884910] From: Kay Robbins Wall <lkrw@sbcglobal.net> Sent: Thursday, June 8, 2023 4:13 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] difficulties with contractors/ surety nearing completion of project Fellow attorneys: I fear that I am approaching litigation as one of my towns is trying to complete a construction project. All advice is appreciated. 1. Can I agenda an item as executive session, in order to: a. Offer a settlement amount in order to avoid litigation, although litigation has not yet been threatened or filed (but is a logical next step.) b. retain an attorney for my town who is an expert in this area? (Are any of you experts in this area, in an attempt to negotiate or litigate?) within 45 minute drive of Tulsa 2. How do you make sure that subcontractors have been paid, or have amounts outstanding, if the contractor is not cooperating? 3. Can unpaid subcontractors file a lien against the municipality? In my situation, I know of one other city that is having the same issues with the same contractor. If we subtract the per day penalty that cannot be justified, there are not enough funds remaining to cover the completion of the project. The engineering firm has sent a letter to the surety placing the surety on notice. All advice appreciated. Thank you, Kay Wall (9l8) 689-7737 offic

RT

Robert Thompson

Fri, Jun 9, 2023 4:06 PM

Katrina may be new, but this old timer agrees 100% with what she said.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Katrina Bodenhamer kbodenhamer@muskogeeonline.org
Sent: Friday, June 9, 2023 10:09 AM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: difficulties with contractors/ surety nearing completion of project

Hi Kay,

We are currently in litigation with a construction company. I always put litigation issues as an executive session agenda item, and get approval for a settlement amount from City Council before I make a settlement offer. We are handling this case in-house, but our City Council will authorize the hiring of outside council if we deem it necessary.

We check county land records for liens from subcontractors. I believe subcontractors always have the right to file a lien, but your contractor may be liable for any liens depending on your agreement with the contractor. In our contract, this particular contractor is liable for all liens and for obtaining lien releases from subcontractors. Someone else may have more information on this, I’m a fairly new city attorney.

Katrina S. Bodenhamer
City Attorney
PO Box 1927
229 West Okmulgee
Muskogee, OK 74402
918.684.6276
City of Muskogee Websitehttps://www.muskogeeonline.org/ | City Facebookhttps://www.facebook.com/MyMuskogee

[cid:image001.jpg@01D99AC2.63690460]

From: Kay Robbins Wall <lkrw@sbcglobal.net mailto:lkrw@sbcglobal.net>
Sent: Thursday, June 8, 2023 4:13 PM
To: OAMA Luistserv <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] difficulties with contractors/ surety nearing completion of project

Fellow attorneys:

I fear that I am approaching litigation as one of my towns is trying to complete a construction project.
All advice is appreciated.

Can I agenda an item as executive session, in order to:
a. Offer a settlement amount in order to avoid litigation, although litigation has not yet been threatened or filed (but is a logical next step.)

b. retain an attorney for my town who is an expert in this area?
(Are any of you experts in this area, in an attempt to negotiate or litigate?) within 45 minute drive of Tulsa

How do you make sure that subcontractors have been paid, or have amounts outstanding, if the contractor is not cooperating?
Can unpaid subcontractors file a lien against the municipality?

In my situation, I know of one other city that is having the same issues with the same contractor.
If we subtract the per day penalty that cannot be justified, there are not enough funds remaining to cover the completion of the project.

The engineering firm has sent a letter to the surety placing the surety on notice.

All advice appreciated.

Thank you,

Kay Wall
(9l8) 689-7737 offic

Katrina may be new, but this old timer agrees 100% with what she said. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Katrina Bodenhamer <kbodenhamer@muskogeeonline.org> Sent: Friday, June 9, 2023 10:09 AM To: Kay Robbins Wall <lkrw@sbcglobal.net>; OAMA Luistserv <oama@lists.imla.org> Subject: [Oama] Re: difficulties with contractors/ surety nearing completion of project Hi Kay, We are currently in litigation with a construction company. I always put litigation issues as an executive session agenda item, and get approval for a settlement amount from City Council before I make a settlement offer. We are handling this case in-house, but our City Council will authorize the hiring of outside council if we deem it necessary. We check county land records for liens from subcontractors. I believe subcontractors always have the right to file a lien, but your contractor may be liable for any liens depending on your agreement with the contractor. In our contract, this particular contractor is liable for all liens and for obtaining lien releases from subcontractors. Someone else may have more information on this, I’m a fairly new city attorney. Katrina S. Bodenhamer City Attorney PO Box 1927 229 West Okmulgee Muskogee, OK 74402 918.684.6276 City of Muskogee Website<https://www.muskogeeonline.org/> | City Facebook<https://www.facebook.com/MyMuskogee> [cid:image001.jpg@01D99AC2.63690460] From: Kay Robbins Wall <lkrw@sbcglobal.net<mailto:lkrw@sbcglobal.net>> Sent: Thursday, June 8, 2023 4:13 PM To: OAMA Luistserv <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] difficulties with contractors/ surety nearing completion of project Fellow attorneys: I fear that I am approaching litigation as one of my towns is trying to complete a construction project. All advice is appreciated. 1. Can I agenda an item as executive session, in order to: a. Offer a settlement amount in order to avoid litigation, although litigation has not yet been threatened or filed (but is a logical next step.) b. retain an attorney for my town who is an expert in this area? (Are any of you experts in this area, in an attempt to negotiate or litigate?) within 45 minute drive of Tulsa 2. How do you make sure that subcontractors have been paid, or have amounts outstanding, if the contractor is not cooperating? 3. Can unpaid subcontractors file a lien against the municipality? In my situation, I know of one other city that is having the same issues with the same contractor. If we subtract the per day penalty that cannot be justified, there are not enough funds remaining to cover the completion of the project. The engineering firm has sent a letter to the surety placing the surety on notice. All advice appreciated. Thank you, Kay Wall (9l8) 689-7737 offic