Bill Spitler, Metcalf | Spitler, LLP - Oklahoma Construction Law Firm

Bill Spitler

William H. Spitler is a trial lawyer who has tried and litigated cases in several areas of law, including construction, labor and employment, oil and gas, class action defense, sales and leasing disputes, antitrust defense, commercial contract disputes, fraud and breach of fiduciary duty. Mr. Spitler’s diverse and active litigation practice has provided him the opportunity to present cases before numerous state and federal courts and appeal panels across the county. Mr. Spitler’s practice regularly involves representing construction clients in arbitration. Mr. Spitler has also published several articles regarding Oklahoma employment law issues from the management perspective.

Mr. Spitler’s practice has a particular emphasis on construction law, particularly complex construction law disputes involving multiple layers of contractors with multiple types of claims. His practice includes litigating delay and impact claims, defective construction claims, preparing pre-lien notices and lien statements and representing contractors through the lien foreclosure process. Mr. Spitler also advises clients in contract drafting and negotiation and is a regular speaker on construction law issues.

Mr. Spitler has been selected by his peers and named a Rising Star by Super Lawyers in the area of Construction Law. Additionally, Mr. Spitler has been selected by his peers for inclusion in The Best Lawyers in America in the areas of Construction Law and Construction Litigation and has been named Best Lawyers 2020 Lawyer of the Year in the area of Construction Litigation and 2022 Lawyer of the Year in the area of Construction Law. Metcalf & Spitler, LLP has also received a First Tier ranking by Best Lawyers in the areas of Construction Law and Construction Litigation.

Litigation Experience and Recent Results

Obtaining summary judgment in favor of hospital against claims asserted by a physician for violations of federal and state antitrust law, tortious interference with contract and business expectancy, and establishing immunity pursuant to the Health Care Quality Improvement Act.Cohlmia, et al. v. St. John Medical Center, et al.

, United States District Court for the Northern District of Oklahoma, Case No. 4:05-cv-00384-GFK-TLW; United States Court of Appeal for the Tenth Circuit, Case No. 09-5124

Obtaining a verdict in favor of a music production company on a fraudulent transfer claim, unwinding a property transfer made by a songwriter to his wife through a divorce decree.http://www.forbes.com/sites/jayadkisson/2011/10/13/the-sad-last-ballad-of-jerry-lynn-williams-divorce-decree-fails-to-defeat-fraudulent-transfer-action/

Representing a large independent oil and gas company in actions pending in state and federal district and federal bankruptcy courts in Oklahoma, Texas, New Mexico and Delaware involving claims seeking to foreclose oil and gas liens on production.http://www.forbes.com/forbes/2009/0413/096-sachs-semgroup-goldman-goose-oil.html

Assisting in obtaining denial of class certification in superfund toxic tort action.Cole, et al. v. Asarco, Inc., et al.

, United States District Court for the Northern District of Oklahoma, Case No. 4:03-cv-00327-GKF-PJC (April 2, 2009)

Obtaining a jury verdict in favor of a hospital on a claim brought by an employee that the hospital had retaliated against the employee for taking time off work pursuant to the Family and Medical Leave Act.Kissee v. St. John Medical Center, et al

, United States District Court for the Northern District of Oklahoma, Case No. 4:02-cv-00001-TRB-FHM

Obtaining a jury verdict for the full amount sought in an indemnity action in an action involving the sale of certain franchises.Hausler v. Felton

, United States District Court for the Northern District of Oklahoma, Case No. 05-cv-0289-TCK-SAJ

Litigating numerous actions on behalf of national leasing companies relating to issues arising from finance and commercial leases.

Obtaining a verdict in favor of a hazardous waste disposal company in breach of contract action against pharmaceutical company.

Obtaining dismissal of state wide class action alleging trespass and damage to property involving tree trimming in easements.Taylor v. Public Service Co. of Oklahoma, et al.

, District Court for the State of Oklahoma, Mayes County, Case No. CJ-2006-00252

Obtaining favorable result for bankruptcy Debtor in action against directors and offices for breach of fiduciary duties.Hale-Halsell Company v. Citizens Union State Bank & Trust, et al.

, United States Bankruptcy Court for the Northern District of Oklahoma, Case No. 04-01256

Obtaining defense verdict in action brought for breach of services contract.Green Country Lawn Service, Inc. v. St. John Medical Center, Inc.

, District Court for the State of Oklahoma, Tulsa County, Case No. CJ-2002-01488; Oklahoma Supreme Court, Case No. DF-99444

Obtaining favorable result in food adulteration case.

Obtaining favorable result for drilling company in surface damages case.

Representing a major oil company in numerous actions against franchisees across the country in actions involving debranding, breach of franchise agreements, environmental issues, and accounting for product taken by franchisee.CITGO Petroleum Corp. v. Atofina Chemicals, Inc., United States District Court for the Northern District of Oklahoma, Case No. 02-cv-00131CITGO Petroleum Corp. v. Worlds Best Truck Stops No. 2 Inc., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00137CITGO Petroleum Corp. v. Triumph Fuels Corporation, United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00374CITGO Petroleum Corp. v. Arko Petroleum, United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00382CITGO Petroleum Corp. v. Thomas M. Coburn, United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00451CITGO Petroleum Corp. v. TSC Express, Inc., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00471CITGO Petroleum Corp. v. Asher Oil & Gas Co., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00472CITGO Petroleum Corp. v. Future Petroleum Marketing, Inc., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00770CITGO Petroleum Corp. v. Discount Oils, Lubricants & Fuels, Inc., United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00798CITGO Petroleum Corp. v. Forest C. Roberts, United States District Court for the Northern District of Oklahoma, Case No. 03-cv-00806CITGO Petroleum Corp. v. Bray Terminals, United States District Court for the Northern District of Oklahoma, Case No. 04-cv-00482CITGO Petroleum Corp. v. Mitchell Oil Company, United States District Court for the Northern District of Oklahoma, Case No. 05-cv-00586CITGO Petroleum Corp. v. Krystal Gas Marketing Company, Inc., United States District Court for the Northern District of Oklahoma, Case No. 05-cv-00716CITGO Petroleum Corp. v. Cunningham Brothers Oil Company, Inc., United States District Court for the Northern District of Oklahoma, Case No. 06-cv-00636CITGO Petroleum Corp. v. Hallman Oil Company, United States District Court for the Northern District of Oklahoma, Case No. 07-cv-00069CITGO Petroleum Corp. v. Wilburn Oil Company, United States District Court for the Northern District of Oklahoma, Case No. 08-cv-00053

Construction Experience and Recent Results

Obtaining judgment in favor of subcontractor for extensive damages caused to custom electrical switchgear and related equipment by vendor caused by inadvertent discharge of fire suppression system during construction.Marrs Electric, Inc. v. Industrial Electric Testing Co., et al

, District Court for the State of Oklahoma, Tulsa County, Case No. CJ-2005-784

Obtaining a significant arbitration award in favor of a mechanical subcontractor asserting delay and impact claims against a general contractor relating to the construction of a multi-million dollar data center.

Obtaining a favorable settlement for a general contractor against a developer of a shopping mall asserting defective work by the general contractor and his subcontractors as a basis to withhold payment.

Obtaining favorable result in action brought against client for negligent operation of crane.

Obtaining favorable settlement in claim for defective construction on a public school project.

Published Works:

Your Beliefs Matter: How to Fine-Tune Your Discipline Policies and Procedures, Oklahoma Employment Law Letter 1, 15 No. 9, 2007

Porn at Work – Go Directly to Jail, Oklahoma Employment Law Letter 2, 15 No. 5, 2007

Improving Your Workplace Investigations, Oklahoma Employment Law Letter 5, 14 No. 10, 2006

EEOC Voluntary Mediation Facts and Benefits, Oklahoma Employment Law Letter 5, 13 No. 11, 2005

Wal-Mart Allowed to Slash Salaried Pharmacists’ Hours, Pay During Slow Period, Oklahoma Employment Law Letter 4, 13 No. 3, 2005

Working From Home: Not a Reasonable Accommodation, Oklahoma Employment Law Letter 1, 12 No. 7, 2004

Third-Party Employment Contractors: Watching What You and They Say, Oklahoma Employment Law Letter 7, 12 No. 5, 2004

When Words Can Never Hurt You, Oklahoma Employment Law Letter 5, 12 No. 1, 2004

Big Brother in the Workplace: Monitoring Employee Communications, Oklahoma Employment Law Letter 2, 10 No. 3, 2002

Metcalf | Spitler

Bill Spitler

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Litigation Experience and Recent Results

Construction Experience and Recent Results

Published Works: