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Cassidy R. Rosenthal

Cassidy R. Rosenthal

Cassidy R. Rosenthal is the Lexington Office Executive Member and a Member of the Construction Service Group. Her practice focuses on advising clients throughout all phases of construction projects including planning, contract drafting and negotiation, and project administration.  Cassidy successfully guides her clients through construction claims and disputes including informal negotiations, mediation, litigation in state and federal courts, and in arbitration throughout the country.  In addition to leading the firm’s Lexington office, Cassidy is a leader in the community serving on the Commerce Lexington Board, and a leader in the construction industry serving on the Associated General Contractors of Kentucky Board, and serving as Chair for the American Bar Association Forum on the Construction Industry Division 1 Dispute Avoidance & Resolution Steering Committee. 

Recent Assignments

  • Drafts and negotiates a publicly-traded company’s master services agreements for design, construction, commissioning, geotechnical and other services.  Assists client’s staff daily with contract drafting, negotiation, claims defense, and project close-out.  The client’s projects are located in several states, and continuing to expand. 
  • Successfully represented design builder in artbitration against owner and subcontractors.
  • Drafted design agreements and construction management contracts for a manufacturing owner.
  • Drafts, reviews and advises airport on design and construction contracts and other development issues.
  • Negotiated construction management agreement for healthcare facility.
  • Successfully defended owner against contractor's breach of contract claim in arbitration.
  • Successfully prosecuted a wrongful termination claim against public owner and a negligent misrepresentation claim against an engineering firm.
  • Defeated a subcontractor's claim for wrongful termination in a jury trial.
  • Advise a general contractor client on all aspects of its business: upstream and downstream contracts, as well as claims and project manager training.
  • Defeated contractor's defective material claim in a jury trial.

Recent News, Articles & Speaking Engagements

  • "Chapters 18 & 19: Kentucky Construction Lien and Bond Law," Co-author, Fifty State Construction Lien and Bond Law Book, Fourth Edition, 2018
  • "Public Private Partnerships in Kentucky," Associated General Contractors of Kentucky and Construction Financial Managers, Moderator, May 2018
  • "Has It Really Been a Decade? The 2017 AIA Contract Documents," American Bar Association Forum on Construction Law Fall Meeting, Program Chair, Boston, Mass., October 2017
  • "Good Intentions, Scary Results: Avoiding the Money Pit in ‘Green’ Renovations," Earth, Wind, Fire & Water: Sustainable Construction in a Changing Environment, American Bar Association Forum on Construction Law Midwinter Meeting, Palm Desert, Calif., February 2017
  • "Kentucky Court of Appeals Entertains Contractor’s Negligent Misrepresentation Claims Against Architect," with Rebecca M. Wichard Sherman,  Stites & Harbison Legal Update, January 26, 2017
  • "First Steps in the Process," Moderator, Kentucky P3: Public-Private Partnerships Conference, Lexington, Ky., October 27, 2016
  • "To Un-Jam Transportation Infrastructure Tenn. Tries P3s," Law360, May 26, 2016
  • "P3 for Kentucky Informational Panel Luncheon," presented by Associated General Contractors of Kentucky, Lexington, Ky., May 26, 2016
  • "Kentucky Enacts Public-Private Partnership Legislation," with Charlotte Turner McCoyThe Goods, Kentucky Association of Manufacturers, May 2016
  • "AIA Documents from the Owner's Perspective: How to Best Protect Your Project," Webinar panelist, Forum on Construction Law, April 5, 2016
  • "Kentucky Enacts Public-Private Partnership Legislation," Stites & Harbison Client Alert, April 15, 2016
  • "Young Lawyer Division Writing Practicum," Presenter, ABA Midwinter Meeting, Forum on Construction Law, January 2016
  • "Kentucky Construction Law," Author, chapter on "Damages and Remedies," Second Edition, 2015
  • "Capital Construction Process for Small Institutions," Presenter, NACUBO Seminar, July 2015
  • "Important Construction Contract Considerations: Reducing Potential Sources of Dispute," Presenter, Van Meter Insurance Seminar, June 2015
  • "Kentucky Enacts A New Project Delivery Method," Stites & Harbison Client Alert, April 3, 2015
  • "Contractors and Owners Beware: Your contracts may limit your Recoverable Damages," Stites & Harbison Client Alert, January 14, 2015
  • "Integrated Project Delivery Contact Documents," Presenter, Society for Marketing Professional Services, Kentucky Chapter, November 2014
  • "Public/private partnerships: Beyond the bridges - more facts you should know about P3s," Ohio Valley Construction Conference, Horseshoe Southern Indiana, Sept. 26-27, 2013
  • "To Litigate or Arbitrate: That is the Question," Presenter, Fayette County Bar Association Bench and Bar, June 2013
  • "Dangerous Intersections: Understanding and Navigating the Crossroads of Construction and the Environment," 2013 Kentucky Chamber of Commerce Environmental Conference, March 5, 2013
  • "Current Construction Law Issues for the Real Estate Practitioner," Presenter, UK CLE, October 2012
  • "Division 1 Member Spotlight: Cassidy Rosenthal," The Dispute Resolver, August 1, 2012
  • "Kentucky Construction Law," HalfMoon Seminars, January 2012
  • "Kentucky Supreme Court Adopts the Economic Loss Doctrine," Stites & Harbison, PLLC, Client Alert, July 5, 2011
  • "Legal Issues for Kentucky Design Professionals," Presenter, July 2011
  • "Design-Build Deskbook," Author, Kentucky and Indiana Chapters, Fourth Edition, 2010
  • "AIA Contract Documents vs. ConsensusDOCS: Who’s the Fairest of Them All?," Stites & Harbison, PLLC

More Than Stites & Harbison

Cassidy is a member of the Board of Directors of Commerce Lexington, the Associated General Contractors of Kentucky and the Downtown Lexington Corp. She is a graduate of Leadership Lexington and is an active member of the ABA Forum on the Construction Industry, serving as Chair of the Division 1 Dispute Avoidance & Resolution Steering Committee. Cassidy is the past-president of the Fayette County Bar Association Board of Directors.

Professional Accolades

Best Lawyers in America®, Construction Law (2017-19)

Kentucky Super Lawyers® (2013-17)

Benchmark Litigation, Future Star (2018-19)

Benchmark Litigation, Under 40 Hot List (2016)

Community Involvement

  • Commerce Lexington, Board of Directors, General Counsel
  • Leadership Lexington, graduate
  • Downtown Lexington Corp., Board of Directors
  • Lexington Opera Society, Board of Directors, 2004-09
  • Lexington Junior League, 2005-2010