Attorneys

Member

Steven M. Henderson

shenderson@stites.com

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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. Steven is chair of the firm’s Construction Service Group.

Capabilities

Practice Areas

Construction

Drafting, Reviewing & Negotiating Construction Contracts

Fabricated Structural Steel

Federal, State & Local Public Construction and Procurement

Public Private Partnerships (P3)

Recent News, Articles & Speaking Engagements

Don't Bet the Company! Tips for Managing Risk of Third-Party Claims on Hightway Projects

presenter, 2025 Kentucky Highway Industries (KHI) Annual Convention, February 11, 2025

Evaluating and Mitigating the Impact of Trump’s Tariffs on Construction Projects

with W. Tyler Lloyd

Best Practices for Presentation of Damages in Arbitration

Speaker, 2024 Construction Law Institute, Lexington, KY, October 17, 2024

Preventing Structural Failures Through Improved Communication of Design Intent: Recent Revisions to the AISC Code of Standard Practice for Steel Buildings and Bridges

co-presenter, 2024 Annual Conference, Structural Engineers Association of Kentucky, May 24, 2024

with Gregory P. Parsons

Navigating The Trenches: How to Avoid, Manage, and Resolve Construction Disputes

Speaker, Dig Down Deep Spring 2023, NUCA of Middle Tennessee, March 31, 2023

Labor Shortages, Supply Chain Issues, and Inflation in the Construction Industry

co-presenter, 2022 Construction Law Institute, UK Rosenberg College of Law CLE, October 20, 2022

Nerves of Steel Needed as Firms Face Inflation, Broken Contracts and Price-Gouging

by Richard Korman, Jonathan Barnes and Greg Aragon, Engineering News-Record (ENR), October 7, 2021

Stites & Harbison: New Member

We Dig Tennessee Podcast, National Utility Contractors Association (NUCA), October 7, 2020

State of the Union – Mitigating the Impact of COVID-19 on Infrastructure Projects

ARTBA's 12th Annual Law & Regulatory Forum, June 3-4, 2020

ARTBA 12th Annual Law & Regulatory Forum – Live Online

Webinar presented by American Road & Transportation Builders Association (ARTBA), June 4, 2020

Information You Need on the COVID-19 Coronavirus

Stites & Harbison, PLLC, March 2020

Professional Ethics for Structural Engineers

Thirty-Ninth Annual Structural Conference, Structural Engineers Association of Nebraska (SEAON), Omaha, Nebraska, September 20, 2019

Pre-Bid Due Diligence

with David B. Ratterman,

Modern Steel Construction, American Institute of Steel Construction, March 2019

Supreme Court of Kentucky Holds Claim-Preservation Requirements Not Barred by KFCA; Strictly Enforced Notice Provisions

Stites & Harbison Client Alert, December 21, 2018

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. Parsons and David 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

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 Elimin

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

Presenter, Lorman Education Services, September 18, 2013 with Jessica A. Hill

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

Lorman Education Services, Louisville, Ky., February 26, 2008 with Erika R. Barnes

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

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.

Bar Admissions

Kentucky

U.S. Court of Appeals for the 4th Circuit

U.S. Court of Appeals for the 6th Circuit

U.S. Court of Federal Claims

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Western District of Kentucky

Firm Leadership

Construction Service Group, Chair

Memberships

American Bar Association

Kentucky Bar Association

Louisville Bar Association

American Society of Civil Engineers

Member

Kentucky Association of Highway Contractors

Registered Professional Engineer

(Ky., No. 22555)

Community Involvement

Kentuckians for Better Transportation, Board of Directors (Chair, 2021-22)

Shelby Co. UK Alumni Association, Board of Directors

Education

J.D.,

2007

magna cum laude

University of Kentucky College of Law

Org / Honor
Order of the Coif
Kentucky Law Journal, Member
CALI Award in Contracts, Evidence & Bankruptcy
Outstanding 2nd & 3rd Year Journal Staff Member Award
Stoll Keenan Ogden Law Journal Service Award
John Darsie Memorial Scholarship Fund
Chelsey Williams Bailey UK Alumni Association Scholarship
Swinford Writing Club, Best Overall Advocate

M.S., Civil Engineering,

1999

University of Kentucky

Org / Honor
Southeast Transportation Institute Fellowship
Teaching Assistant & Research Assistant, 1997-99

B.S., Civil Engineering,

1997

cum laude

University of Kentucky

Org / Honor
Chi Epsilon, National Civil Engineering Honor Society
Delta Tau Delta Fraternity

More Than Stites & Harbison

Steven is a member of the Board of Directors of Kentuckians 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.

Accolades

Martindale-Hubbell^®AV-Preeminent® Peer Review Rated

Best Lawyers in America^®, Construction Law and Litigation – Construction (2017-25)

Best Lawyers in America®, Louisville Area Lawyer of the Year in Construction Law (2021, 2025)

Kentucky Super Lawyers^®(2018-25)

Kentucky Super Lawyers^®, Rising Star (2015-17)

Contact Resources

Steven M. Henderson's PDF Steven M. Henderson's Contact VCF

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Steven Henderson's LinkedIn Profile

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Client Alerts

Evaluating and Mitigating the Impact of Trump’s Tariffs on Construction Projects

On February 1, 2025, President Trump announced that tariffs of 25% will be imposed on goods imported from Mexico and Canada (with the exception of Canadian energy resources which will be subject to a 10% tariff). In addition, a 10% tariff will also be imposed on certain goods imported from...

by Steven M. Henderson and W. Tyler Lloyd

February 03, 2025

Press Releases

Kentucky Super Lawyers Honors 47 Stites & Harbison Attorneys for 2025

LOUISVILLE, Ky.—The 2025 edition of Kentucky Super Lawyers recently honored 47 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 34 attorneys to the Super Lawyers list and 13 attorneys to the Rising Stars list. A number of Stites & Harbison attorneys...

by Stites & Harbison, PLLC

December 27, 2024

Events

2024 Construction Law Institute

Date: October 17, 2024 -

Time: 7:45 a.m. -

4:15 p.m.

The Campbell House, 1375 South Broadway Road, Lexington, KY 40504

Presented by the UK Rosenberg College of Law Construction attorney Bill Geisen is the Institute Chair and will give the Welcome announcement for the 2024 Construction Law Institute in Lexington on October 17, 2024. Attorneys Steven Henderson, Cassidy Rosenthal and J.P. Stilz will also be presenters at the event. “Best...

by William G. Geisen, Steven M. Henderson, Cassidy R. Rosenthal and John Paul Stilz (JP)

September 05, 2024

Press Releases

Stites & Harbison, PLLC Lawyers Named to 2025 Best Lawyers® Publications

Honorees Include 12 as “Lawyer of the Year,” 98 in Best Lawyers in America® and 31 in Best Lawyers: Ones to Watch® in America LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 98 of its lawyers are included in the 2025 edition of The Best Lawyers in America®....

by Stites & Harbison, PLLC

August 16, 2024

Press Releases

Kentucky Super Lawyers® Honors 49 Stites & Harbison Attorneys for 2024

LOUISVILLE, Ky.—The 2024 edition of Kentucky Super Lawyers® recently honored 49 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 35 attorneys to the Super Lawyers® list and 14 attorneys to the Rising Stars® list. A number of Stites & Harbison attorneys...

by Stites & Harbison, PLLC

January 12, 2024

Press Releases

Stites & Harbison, PLLC Lawyers Named to 2024 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 101 of its lawyers are included in the 2024 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence according to the publication....

by Stites & Harbison, PLLC

August 24, 2023

Events

Dig Down Deep Spring 2023

Date: March 31, 2023 -

Time: 8:00 a.m. -

12:00 p.m.

Presented by NUCA (National Utility Contractors Association of Middle Tennessee) Breakfast & Networking Event Agenda: 9:00 – 9:30 AM – “Risky Business: Managing Your Risk,” Jamie Noe, CEO and Foundation, Insurance Group of America 9:45 – 10:15 AM – “Navigating The Trenches: How to Avoid, Manage, and Resolve Construction Disputes,”...

by Steven M. Henderson and J. Ross Hutchison

March 22, 2023

Press Releases

Kentucky Super Lawyers Honors 49 Stites & Harbison Attorneys for 2023

LOUISVILLE, Ky.—The 2023 edition of Kentucky Super Lawyers recently honored 49 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 37 attorneys to the Super Lawyers list and 12 attorneys to the Rising Stars list. A number of Stites & Harbison attorneys...

by Stites & Harbison, PLLC

January 12, 2023

Steven M. Henderson

Capabilities

Recent Assignments

Bar Admissions

Firm Leadership

Memberships

Community Involvement

Education

More Than Stites & Harbison

Accolades

Contact Resources

Steven Henderson's LinkedIn Profile

Evaluating and Mitigating the Impact of Trump’s Tariffs on Construction Projects

Kentucky Super Lawyers Honors 47 Stites & Harbison Attorneys for 2025

2024 Construction Law Institute

Stites & Harbison, PLLC Lawyers Named to 2025 Best Lawyers® Publications

Kentucky Super Lawyers® Honors 49 Stites & Harbison Attorneys for 2024

Stites & Harbison, PLLC Lawyers Named to 2024 Best Lawyers® Publications

Dig Down Deep Spring 2023

Kentucky Super Lawyers Honors 49 Stites & Harbison Attorneys for 2023

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