Drafting, Reviewing & Negotiating Construction Contracts

Anne Gorham, Cassidy Rosenthal, Matt Gillies and Dan Douglass

Our Construction Service Group attorneys draft, review and negotiate contracts for design and construction, and counsel a wide range of owners, developers, design builders and contractors about those contracts. Because of the wide range of projects on which we have consulted through the years, and our attorneys’ industry experience, we can tackle any project our clients place before us. Our contract review experience includes both modified standardized form agreements and manuscript construction documents for private and public projects throughout the United States and internationally. The group’s experience with dispute resolution and problem solving provides unique perspective that enables us to craft contracts that prevent problems for our clients.

The attorneys of the Stites Construction Service Group are regional and national leaders in development of contract documents for application of Building Information Modeling (BIM) technology and sustainable design and construction (LEED and otherwise). Stites attorneys have served in leadership roles for BIM development initiatives sponsored by AISC, the Associated General Contractors of America, and the American College of Construction Lawyers. Eight Stites & Harbison lawyers are either LEED Accredited Professionals or LEED Green Associates. They know how to apply emerging technology and design theory, as well as emerging legal theory and practice, to real-world construction contracts.

Representative engagement

  • Atlantic Center Plaza, Atlanta - Located in Midtown Atlanta, the $100 million Atlantic Center Plaza consists of a 500,000 square-foot, 24-story office tower, along with an 11-story poured-in-place parking deck. The contractor for the project was The Beck Group, the developer was Pope & Land Enterprises, and the architect was Smallwood, Reynolds, Stewart & Associates, Inc. The construction lawyers of Stites & Harbison reviewed contract documents on behalf of the contractor for the project.
  • The Beck Group develops real estate, designs architecture and interiors and constructs buildings. Stites & Harbison drafts, reviews and negotiates their construction contracts.
  • Denham Blythe is another design/builder that relies on Stites & Harbison to negotiate construction contracts.
  • Gray Construction - Stites & Harbison construction attorneys regularly draft, review, advise and negotiate subcontracts and contracts, with values up to $60,000,000, for Gray Construction. This national and international company designs and builds commercial and industrial facilities.
  • Judy Construction Company of Cynthiana, Ky., is a general contractor specializing in water and wastewater treatment facilities, commercial and industrial buildings and bridge construction. The company completed work on the Fayette County Courthouse Plaza in Lexington. The $1.77 million project includes an elliptical fountain, a water wall and a courtyard.  Stites & Harbison provides legal services to Judy Construction Company. 
  • Lexington-Fayette Urban County Detention Facility, Lexington, Ky.- The new $55 million detention facility was designed and built in the scenic Bluegrass area of Kentucky for the Lexington-Fayette Urban County Government. The structure uses traditional materials and forms to be a good neighbor to nearby horse farms.
  • Lin Rogers Electrical -The Construction Service Group negotiates contracts on behalf of several subcontractors and suppliers such as Lin Rogers Electrical.
  • Louisville basketball arena, Louisville, Ky. - Stites & Harbison attorneys represent the construction manager constructing the Louisville Arena
  • Precision Walls, Inc.: Biltmore Inn, Asheville, N.C. - Renovation of the historic Biltmore Inn was accomplished with the help of Precision Walls, Inc. Precision Walls is one of the largest specialty contractors in the Southeast. With a home base in Raleigh, N.C., the company has 1,200 employees and locations throughout the region.
  • Roman Catholic Diocese of Lexington, Lexington, Ky.- Stites & Harbison attorneys regularly negotiate and draft contracts for the design and construction of churches, schools and multi-purpose facilities for the Roman Catholic Diocese of Lexington.
  • University of Louisville Hospital, Louisville, Ky.- The owner-architect and owner-construction manager contracts for the University of Louisville Hospital were prepared by the Construction Service Group.
  • We advised Bechtel Corporation on environmental and contract matters for new construction in Oldham County for LG&E.
  • We represented a major league baseball franchise in drafting and negotiating construction and design contracts for extensive renovations and improvements of one of the oldest and most famous baseball parks in the country
  • We successfully negotiated a $63 million design/build contract with a tire manufacturer in Georgia, and subsequently defeated the tire manufacturer’s $9 million claim against the design/build, in part, on the strength of the contracts.
  • The group is currently advising the owners/developers of a $3 billion gasification facility in the western United States.