Capabilities

Construction

National and regional clients involved in a wide range of construction projects turn to Stites & Harbison for top-flight credentials and practical, real-world experience. Our construction attorneys include former contractors, construction-firm owners, civil and mechanical engineers, and journeymen crafts-people. We understand the day-to-day workings of your business in addition to its legal issues.

From aviation and health care facilities to manufacturing and power plants, and from commercial buildings to highways, bridges and other infrastructure, Stites & Harbison’s Construction Service Group understands the critical legal issues that affect your projects.

We have worked with clients on projects located from coast to coast. We negotiate contracts, assist clients with claim prevention and resolution, and counsel clients on transactions, complex litigation and regulation. We offer many years of experience in mediation and arbitration, both as client advocates and neutrals. Whatever your needs, we have a strong team to represent you, utilizing the broad knowledge and experience of the attorneys throughout our firm. We also understand your concerns about cost effective representation.

Recent Accomplishments:

  • U.S. News & World Report and Best Lawyers released their 2020 ratings for the "Best Law Firms" in America. Stites & Harbison was ranked National Tier 1 for Litigation - Construction. Click here to see the full results.
  • Stites & Harbison lawyers are LEED accredited professionals and members of the U.S. Green Building Council. We are here to help you meet the rigorous standards of green building.
  • The Construction Lawyers Society of America (CLSA) recognized Stites & Harbison with the 2017 and 2018 CLSA Law Firm Award.

We give back to the industry in many ways. Stites & Harbison has represented the American Institute of Steel Construction, National Steel Bridge Alliance, Associated Builders and Contractors of Indiana/Kentucky, and the Associated General Contractors of Kentucky. We are also members of other industry organizations, serving as officers, board members, authors, and keynote speakers. Trade associations, professional societies, and members of the organized national construction bar regularly recruit us to provide articles and educational programs to their members. Our attorneys participated in the preparation of American Institute of Steel Construction Codes, Standards and Specifications, and have consulted with the American Institute of Architects and the Engineers Joint Contract Documents Committee on formation of these organizations’ standard construction documents.

Clients, construction trade associations and other industry organizations count on Stites & Harbison for help with a wide range of industry-related areas, including:

  • Antitrust issues
  • Bidding and procurement
  • Corporate governance and membership
  • Environmental
  • Intellectual property
  • Labor, employment, wage & hour and immigration law
  • Legislation
  • OSHA and safety
  • State and federal tax code interpretation and enforcement

Other industry contributions from our Construction Law group include:

  • "Chapters 18 & 19: Kentucky Construction Lien and Bond Law," Cassidy R. Rosenthal, Co-Author, Fifty State Construction Lien and Bond Law Book, Third Edition, 2016 Supplement
  • "Chapter 6: Discovery by Interrogatories," William Geisen and Jessica A. Hill, Discovery Deskbook for Construction Disputes, Second Edition, ABA Forum on Construction Law, Editors: John M. Cook, Buckner Hinkle, Jr. and Alexander Moseley, 2015
  • Kentucky Construction Law, written and edited by the construction attorneys of Stites & Harbison, published by HLK Global Communications, 2015.
  • Discovery Deskbook for Construction Law DisputesRobert M. Connolly is a chapter author, published by ABA Publishing, 2006.

With nationally recognized experience in construction law and hands-on experience in the business, we are uniquely qualified to address the needs of our construction clients.

A partial list of representative transactional and adversarial construction engagements in which the members of the group have been involved is listed below:

  • Developed and negotiated design and construction contracts for owner/developer of $1 billion investment in manufacturing facilities in South Carolina
  • Participated in the development of term sheets and EPC contracts for $3 billion coal gasification facility in Western Kentucky
  • Drafted and negotiated design build contract for fracking sands plant
  • Belk’s, Oxford, Miss. (2010)
  • Best Buy, Gulfport, Miss. (2012)
  • Camden Paces Apartments, Atlanta, Ga. (2013)
  • Delta Wing, Opryland, Nashville, Tenn.
  • Disney-MGM Studios Water Tower, Lake Buena Vista, Fla.
  • Federal Express World Headquarters, Memphis, Tenn.
  • GlaxoSmithKline, Memphis, Tenn.
  • Holder Construction Company: Stites & Harbison's Atlanta offices
  • Indiana-American Water Company, Jeffersonville, Ind.
  • Lake Eola Condominiums, Orland, Fla.
  • Lexington-Fayette Urban County Airport Board, (Blue Grass Airport, Lexington, Ky.)
  • Lexington-Fayette Urban County Courts Facilities, Lexington, Ky.
  • Lexington-Fayette Urban County Detention Facility, Lexington, Ky.
  • Louisville Airport Improvement Program, Louisville, Ky.
  • Louisville Slugger Museum, Louisville, Ky.
  • Mercer University Center, Macon, Ga.
  • National Corvette Museum, Bowling Green, Ky.
  • National Steel Bridge Alliance, Miss.
  • NCNB Tower, Tampa, Fla.
  • One Atlantic Center (IBM building), Atlanta, Ga.
Construction Specialty Areas
Main Contacts
What others are saying about us

Stites & Harbison is the premiere construction law firm in Kentucky and southern Indiana.

This comment was collected as part of the U.S. News — Best Lawyers® "Best Law Firms" research process. (2018-19)

Stites & Harbison has always been able to help regardless of the issue and/or complexity.

This comment was collected as part of the U.S. News — Best Lawyers® "Best Law Firms" research process. (2018-19)

I have the utmost faith and trust in Stites & Harbison.

This comment was collected as part of the U.S. News — Best Lawyers® "Best Law Firms" research process. (2018-19)

The construction law team at Stites & Harbison is outstanding. They have represented our company extremely well for many years. They are knowledgeable, give excellent advice, and they almost always achieve the desired results for our company. I feel like we have received very good value for legal expenses incurred when using the Stites & Harbison construction law team. I recommend them to anyone needing legal advice on construction matters.

U.S. News & World Report / Best Lawyers - "Best Law Firms" Client Interviews (2017)
See more related to Construction
Press Releases

Stites & Harbison Highly Ranked in 45 Practice Areas in 2021 “Best Law Firms” List

LOUISVILLE, Ky.—U.S. News & World Report and Best Lawyers have released their 2021 “Best Law Firms” rankings. Stites & Harbison, PLLC’s three National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law. The firm’s overall results include 83 metropolitan rankings in seven regions and represent the 45 legal practice areas.

by Stites & Harbison, PLLC November 06, 2020
Events

2020 Construction Law Institute

Date: 11/11/20 - 11/12/20
Time: 8:30 a.m. - 12:30 p.m.

WEBINAR

Presented by UK/CLE NOW A LIVE WEBINAR BROADCAST VIA ZOOM Due to circumstances surrounding the COVID-19 outbreak, this year’s program has been restructured as a live webinar via Zoom. You do NOT need a Zoom...
William G. Geisen, S. Kelly Gilliam, Shannon Antle Hamilton, Gregory P. Parsons, and Rebecca M.W. Sherman October 27, 2020
Presentations

Stites & Harbison: New Member

Construction attorney Steven Henderson is interviewed in this NUCA podcast.

by Steven M. Henderson October 08, 2020
Events

Tennessee Construction Law

Date: 10/26/20
Time: 8:30 a.m. - 4:00 p.m.

WEBINAR

Nashville attorney Jamie Little joins a panel of construction lawyers in this Tennessee Construction Law webinar on October 26, 2020

Jamie F. Little September 24, 2020
Press Releases

Stites & Harbison, PLLC Lawyers Named to 2021 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 82 lawyers are included in the 2021 Edition of The Best Lawyers in America©.

by Stites & Harbison, PLLC August 20, 2020
Press Releases

Megan George Selected for Leadership Lexington’s Class of 2020-21

LEXINGTON, Ky.—Leadership Lexington has selected Stites & Harbison, PLLC attorney Megan George as a member of the 2020-21 Leadership Lexington program.

by Megan K. George August 19, 2020
Client Alerts

Information You Need on the COVID-19 Coronavirus

Stites & Harbison has assembled a Coronavirus Response Team which consists of a cross-disciplinary task force of attorneys and critical staff members to ensure our firm remains “On the Job” for you. Updated 08/14/20

by Stites & Harbison, PLLC August 18, 2020
Press Releases

Aaron Klein Selected for Membership in Louis D. Brandeis American Inn of Court

The Louis D. Brandeis American Inn of Court recently selected Stites & Harbison, PLLC attorney Aaron Klein as an Associate member.

by Aaron R. Klein July 21, 2020
Client Alerts

Enhancing the Prospects for Contractors to Have Insurance Coverage for Their Subcontractors’ Defective Work

When a construction contractor engages in a construction project, it generally purchases a commercial general liability policy (“CGL”) to broadly cover it and, frequently, the property owner for claims that might arise during the course of construction. These insurance contracts are standard forms issued by the Insurance Services Office (“ISO”) that cover accidental damage to property or personal injury claims.

by Gregory P. Parsons and J.P. Stilz, Summer Associate (2020) July 06, 2020
Presentations

Monumentality in the Engineering Profession: The Design, Destruction and Redesign of the World Trade Center

Presentation by construction attorney David Ratterman to the University of Kentucky College of Engineering.

by David B. Ratterman June 30, 2020
Events

Monumentality in the Engineering Profession: The Design, Destruction and Redesign of the World Trade Center

Date: 6/26/20
Time: 12:30 p.m.

WEBINAR

WEBINAR: Construction attorney David Ratterman will present to the UK College of Engineering on June 26, 2020.

David B. Ratterman June 24, 2020
Presentations

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

Presentation by Steven Henderson and Aaron Klein to the 12th Annual Law & Regulatory Forum presented by ARTBA.

by Steven M. Henderson and Aaron R. Klein June 08, 2020
Client Alerts

New Federal Law Makes Important Changes To Paycheck Protection Program

The Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”), which is intended to address problematic elements of the Paycheck Protection Program (“PPP”), was signed into law by the President on June 5, 2020.

by Brian A. Cromer June 05, 2020
Client Alerts

OSHA Revises COVID-19 Guidance

On May 26, 2020, OSHA rescinded its prior memo dated April 10, 2020, and provided updated “Enforcement Guidance for Recording cases of Coronavirus Disease 2019 (COVID-19)”.

by S. Kelly Gilliam, Shannon Antle Hamilton, and Sarah Cronan Spurlock June 05, 2020
Client Alerts

New Loss of Productivity Standard on the Horizon

Later this year, the American Society of Civil Engineers (“ASCE”), in conjunction with its Construction Institute, will publish a Standard on loss of productivity claims, entitled “Identifying, Quantifying and Proving Loss of Productivity” (“LOP Standard”).

by William G. Geisen May 28, 2020
Client Alerts

Healthy at Work – Kentucky Governor Issues Requirements for Construction Businesses in Response to COVID-19

Effective May 11, 2020, Kentucky Governor Andy Beshear issued a Healthy at Work Order based on criteria set by public health experts and advice from industry experts. The Order includes minimum and industry-specific requirements that contractors must meet to re-open and/or remain operating.

by Aaron R. Klein May 26, 2020
Client Alerts

SBA Extends PPP Loan Safe Harbor Repayment Date to May 18, 2020

Last night, the U.S. Small Business Administration extended the safe harbor deadline for the repayment of Paycheck Protection Program loans from May 14, 2020 to May 18, 2020.

by Brian A. Cromer May 14, 2020
Client Alerts

New SBA Guidance on PPP Loans and the Necessity Certification: Safe Harbor for Loans Under $2 Million and SBA Remedies for Certain Adverse Determinations

Against a backdrop of considerable anxiety in the business community regarding many aspects of the Paycheck Protection Program (“PPP”), the U.S. Small Business Administration (“SBA”) today issued its promised guidance on how it will review a borrower’s good-faith certification of economic need in connection with a PPP loan.

by Brian A. Cromer May 13, 2020
Client Alerts

No Good Deed: Protecting Yourself and Your Business from a Governmental Investigation Concerning Your PPP Loan

In a time when more than $650 billion in stimulus funds are being pumped through the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), the potential for bad actors to create havoc for business owners reliant upon these mostly forgivable loans is almost guaranteed.

by Joshua F. Barnette and Michael Denbow May 13, 2020
Client Alerts

COVID-19 Scams: What Employers Need to Know

As businesses configure their workplaces to include new safety measures such as providing temperature checks, supplying necessary personal protective equipment (PPE) to employees, or installing hand sanitation stations, they must also be cautious of suspicious activities from fake suppliers, vendors, and other scammers attempting to exploit the current COVID-19 pandemic.

by Calesia Henson and Shannon Antle Hamilton May 12, 2020