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Steven M. Henderson

Steven M. Henderson

As a registered professional engineer and attorney, Steven represents owners, contractors, and design professionals in all aspects of the construction and design process. He successfully litigates cases in state and federal courts, and regularly manages the resolution of disputes for clients.  Having spent time working as an engineer with the Kentucky Transportation Cabinet prior to becoming an attorney, Steven continues to maintain in-depth knowledge of the multiple demands placed on owners, design professionals and contractors involved in complex transportation projects.

Recent Assignments

  • Defending multiple engineering firms in cases involving allegations of property damage caused by defective design or construction
  • Defending engineering firm in a multi-party dispute involving personal injury claims arising from a propane gas explosion
  • Defending major international equipment manufacturer in multiple product liability cases
  • Assisted contractors in protesting multiple OSHA citations and penalties
  • Successfully resolved dispute on behalf of a contractor accused of submitting fraudulent payment documents to a government agency
  • Obtained a favorable settlement of subcontractor’s delay claim against a government agency arising from relocation of water and sewer lines on a highway project
  • Negotiated a favorable settlement with a state transportation agency concerning payment for material on a highway project that allegedly did not comply with the agency's standard specifications
  • Successfully represented multiple contractors in bid protests challenging the award of contracts for highway and bridge projects
  • Representing multiple contractors in pursuing or defending performance and payment bond claims related to subcontractor defaults
  • Obtained summary judgment in a complicated commercial construction dispute involving delay claims and allegations of defective construction
  • Successfully resolved a design and construction defect case on behalf of a condominium owner’s association
  • Successfully litigated a multi-party case for a national developer involving claims of fraud and defective construction asserted by a condominium owner's association
  • Successfully resolved complicated payment dispute on contracting mining project that resulted in multi-million dollar payment to client
  • Drafted multi-million dollar construction contracts for several owners, including manufacturing facilities, hotels, museums and a recycling facility
  • Drafted design-build contract and proposal documents for quasi-public agency
  • Successfully litigated a contractor’s claims against a manufacturer and a design engineer involving a poorly designed telecommunications tower. The client obtained a substantial settlement during early mediation and avoided substantial litigation costs
  • Drafted and negotiated various design and construction contracts on behalf of contractors, subcontractors and design professionals
  • Drafted and negotiated multiple contract mining agreements for a multi-million dollar surface mining project

Recent News, Articles & Speaking Engagements

  • "Guided Choice and Emerging ADR Trends," ARTBA Southern Regional Meeting, Atlanta, Georgia, October 30, 2018
  • "The steel tariff. What does it mean to the construction industry and to individual steel fabricators?," with Gregory P. ParsonsDavid B. Ratterman,  Stites & Harbison Client Alert, June 13, 2018
  • "Kentucky Amends Public-Private Partnership Laws to Reduce Red Tape," Stites & Harbison Client Alert, April 20, 2018
  • "Project Delivery Trends and Practical Advice for Public Infrastructure Projects," Presenter, Kentuckians for Better Transportation (KBT) Annual Meeting, January 19, 2018
  • "From the Backstretch to the Finish Line and Contested Results - Bid Protests," Panelist, Off to the Races–Government Contracts: From the Paddock to the Winner's Circle and Beyond, ABA Section of Public Contract Law, November 2-3, 2017
  • "Bid Protests: Tips for Navigating Procedural and Substantive Obstacles in Local Procurements," Paper, Off to the Races–Government Contracts: From the Paddock to the Winner's Circle and Beyond, ABA Section of Public Contract Law, November 2-3, 2017
  • "Ethics, Laws, and Regulations," Webinar, Steel Joist Institute, 2017
  • "Trump Administration Immigration Crackdown & Potential Impacts on Transportation Construction Firms," Webinar, The American Road & Transportation Builders Association (ARTBA), April 19, 2017
  • "Court of Appeals Approves Franklin Rock Quarry," WBKO, March 31, 2017
  • "Subsurface Trespass in Kentucky for Coal and Aggregate Producers: Adopting Net Value Rule and Eliminating Punitive Damages," Stites & Harbison Legal Update, February 25, 2016
  • "Joint Ventures: Considerations for Effective Organization and Execution," American Road & Transportation Builders Association (ARTBA) Southern Regional Meeting, December 3, 2015
  • "OSHA Is Coming . . . OSHA Issued Your Company a Citation . . . Now What?," Annual Transportation Construction Law & Regulatory Forum, American Road & Transportation Builders Association (ARTBA), June 16, 2015
  • "Subsurface Conditions & Construction Contracts - What you Need to Know," Webinar, American Road & Transportation Builders Association (ARTBA), November 5, 2014
  • "False Claims Act Warnings to Heed," Construction Law Institute 2014, University of Kentucky College of Law, Lexington, Ky., October 23, 2014
  • "Building Information Modeling (BIM): Past, Present and Future," Structural Engineers Association of Kentucky, Annual Conference, May 8, 2014
  • "Ethics: Where Does Your Responsibility End," University of Louisville, Civil Engineering Professional Practice Course, November 2013
  • "Public Contracts & Procurement Regulations for Kentucky," with Jessica A. Hill,  Presenter, Lorman Education Services, September 18, 2013
  • "Documentation Requirements for Construction Projects," Ky. Highway Industries Annual Convention, February 2013
  • "Insurance Issues in the Construction Industry," Associated Builders and Contractors, Kentucky Chapter, October 2012
  • "Legal Issues for Kentucky Design Professionals," HalfMoon Education, July 26, 2011
  • "Engineering Ethics - Understanding the Relationship between Professional Ethics and Legal Liability," KSPE Annual Convention, April 28, 2011
  • "Ethics: Where does your responsibility end?," Presenter, North American Steel Construction Conference, 2010
  • "Contractors Beware - Strings Attached to Projects using Stimulus Funds," Stites & Harbison, PLLC, Client Alert, April 5, 2010
  • "Kentucky Construction Law," Stites & Harbison, PLLC, Bowling Green, Ky., March 12, 2009
  • "What you need to know about dealing with project suspension," Stites & Harbison, PLLC, Client Alert, December 24, 2008
  • "What you need to know about contracting with the government," Small Business Administration seminar sponsored by Congressman John Yarmuth, October 2008
  • "What to do When a Construction Project Goes Bad," with Erika R. BarnesJoseph L. Hardesty,  Lorman Education Services, Louisville, Ky., February 26, 2008
  • "Construction Compendium," Authored chapter on Kentucky Construction Law, The Harmonie Group (2008)
  • "Legal Handbook for Architects, Engineers and Contractors, Issues in Construction and Technology 2006/2007," Contributing Author, Albert H. Dib ed., 2007
  • "Kentucky Construction Law Handbook," assisted with research and writing, 2007
  • "Walking the Line Between Contract and Tort in Construction Disputes: Assessing the Use of Negligent Misrepresentation to Recover Economic Loss after Presnell," Note, 95 Ky.L.J. 145 (2006)
  • "Fundamentals of Construction Contracting," Co-author of materials for seminar

More Than Stites & Harbison

Steven is a member of the Board of Directors of Kentuckianas for Better Transportation, the Shelby Co. UK Alumni Association, and the finance committee of Centenary United Methodist Church in Shelbyville, Ky. Steven is an avid outdoorsman and enjoys hunting, backpacking, snow skiing, and any other activity that gives him the opportunity to enjoy some quiet time in the woods. He also enjoys golf (most of the time) and spending time with his wife, Emily, and his daughter, Clara.

Professional Accolades

Martindale-Hubbell® AV-Preeminent® Peer Review Rated

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

Kentucky Super Lawyers®, Rising Star (2015-18)

Community Involvement

  • Kentuckians for Better Transportation, Board of Directors
  • Shelby Co. UK Alumni Association, Board of Directors