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 2019 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
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
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 06/30/20

by Stites & Harbison, PLLC June 29, 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
Events

ARTBA 12th Annual Law & Regulatory Forum – Live Online

Date: 6/3/20 - 6/4/20

WEBINAR

Due to the COVID-19 pandemic, this year’s event is offered as a series of webinars over two days. Attendees will receive the same excellent content as previous forums. Registrants will also be able to watch recorded versions of the presentations at their convenience.

Steven M. Henderson and Aaron R. Klein April 30, 2020
Client Alerts

The Los Angeles Lakers and the Paycheck Protection Program: U.S. Treasury Secretary Mnuchin Calls Flagrant Foul and Pledges Full Audits for Larger Loans

The Los Angeles Lakers, one of the most valuable sports franchises in the world, returned to the front page this week despite the suspension of the NBA season, and there are important repercussions for participants in the Paycheck Protection Program (“PPP”).

by Brian A. Cromer April 29, 2020
Client Alerts

Paycheck Protection Program Update: SBA Issues New Guidance Emphasizing Eligibility Requirements

In an apparent response to controversy related to public companies and larger concerns obtaining Paycheck Protection Program (“PPP”) loans, the Small Business Administration, in consultation with the Treasury Department, today issued additional guidance intended to underscore that loan requests must be necessary based on the actual economic need of the borrower.

by Brian A. Cromer April 23, 2020
Presentations

Ask the Expert featuring Allyson Cook and Andrew Poltorak of Stites & Harbison, PLLC

Allyson Cook and Andrew Poltorak joined ABC Ohio Valley Chapter for an online chat.

by Allyson True Cook and Andrew J. Poltorak April 22, 2020
Client Alerts

OSHA Recognizes Employers’ Good Faith Efforts

On April 16, 2020, OSHA issued a new enforcement policy that acknowledges the difficulties faced by employers in complying with certain OSHA standards due to the COVID-19 pandemic.

by S. Kelly Gilliam April 21, 2020
Events

NASCC: The Virtual Steel Conference

Date: 4/21/20 - 4/24/20

WEBINAR

NASCC: The Virtual Steel Conference is coming to a computer near you, April 21-24. This virtual conference features over 50 unique sessions--complete with PDHs--and registration is free! Stites & Harbison attorney David Ratterman is a speaker.

David B. Ratterman April 21, 2020
Presentations

WEBINAR: COVID-19 and Your Business — What You Need to Know

Stites & Harbison, PLLC recently presented a webinar covering the various impacts of COVID-19 on businesses. You can review the webinar at any time utilizing the link above.

by Brian A. Cromer, Allyson True Cook, S. Kelly Gilliam, Jamie F. Little, Shannon Antle Hamilton, Rebecca A. Weis, Rachel Dix Bishop, and William M. Joseph (Bill) April 14, 2020
Events

Ask the Expert-Legal Chat with Stites & Harbison

Date: 4/17/20
Time: 2:00 p.m. - 3:00 p.m.

WEBINAR

Join ABC Ohio Valley Chapter for our online chat with Allyson Cook and Andrew Poltorak from Stites & Harbison Law.

Allyson True Cook and Andrew J. Poltorak April 14, 2020