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

“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 Welcomes Cassandra Welch to the Covington, Kentucky office

COVINGTON, Ky.—Stites & Harbison, PLLC welcomes attorney Cassandra Welch to its Covington, Ky., office.

by Stites & Harbison, PLLC June 25, 2019
Client Alerts

Legal Risks of Virtual and Augmented Reality on the Construction Site

Co-Author, Kelly Ball, Summer Associate. The construction industry is known for innovation and creative problem solving, and the industry’s early adoption of cutting-edge virtual technologies is no exception.

by Megan K. George June 19, 2019
Press Releases

Stites & Harbison named to BTI Brand Elite 2019

LOUISVILLE, Ky.—BTI Consulting Group has named Stites & Harbison, PLLC as a best-branded law firm in its BTI Brand Elite 2019: Client Perceptions of the Best-Branded Law Firms.

by Stites & Harbison, PLLC May 29, 2019
Press Releases

Jamie Little Appointed to Go Build Tennessee's Board of Directors

NASHVILLE, Tenn.—Go Build Tennessee recently appointed Stites & Harbison, PLLC attorney Jamie F. Little to their Board of Directors.

by Stites & Harbison, PLLC May 17, 2019
Client Alerts

In Hindsight . . . Supreme Court of Kentucky Reaffirms Its Retrospective Approach to Enforcing Liquidated Damages Provisions

The Supreme Court of Kentucky recently reaffirmed its decision in Mattingly Bridge Co. v. Holloway & Son Const. Co. which established the standard for assessing the enforceability of a liquidated damages provision.

by Andrew J. Poltorak May 14, 2019
Articles

Healthcare facilities construction contracts

The demand for cutting-edge healthcare facilities, while varied by community, tends to rise or remain consistent despite changes in the economy and the availability of the significant capital necessitated by such projects. This creates a unique challenge in both the medical and construction industries.

by Rebecca M.W. Sherman and Megan K. George April 30, 2019
Press Releases

David Ratterman earns 2019 AISC Lifetime Achievement Award

LOUISVILLE, Ky.—The American Institute of Steel Construction (AISC) recently honored Stites & Harbison, PLLC attorney David B. Ratterman with the 2019 Lifetime Achievement Award at the North American Steel Construction Conference (NASCC) held in St. Louis from April 3-5, 2019.

by David B. Ratterman April 12, 2019
Client Alerts

Subcontractor’s Written “Expressions and Complaints” Demonstrate Disapproval, but Fail to Achieve Written Notice of Additional Costs

On February 4, 2019, the U.S. District Court for the District of Maryland in Hagen Constr. Inc. v. Whiting-Turner Contracting Co., No. JKB-18-1201, 2019 BL 36862 (D. Md. Feb. 4, 2019), held that written “expressions of frustration” and “general complaints” made by a subcontractor regarding alleged project mismanagement were insufficient to sustain a labor inefficiency claim for additional project costs against the general contractor.

by Jamie F. Little March 08, 2019
Articles

Pre-Bid Due Diligence

In Today's Market, steel fabricators confront complex risks on a daily basis, including project uncertainty and increased market volatility.

by Steven M. Henderson, Aaron R. Klein, and David B. Ratterman March 06, 2019
Press Releases

Aaron Klein Elected to Farmington Historic Plantation Board of Regents

LOUISVILLE, Ky.—Farmington Historic Plantation has elected Stites & Harbison, PLLC attorney Aaron Klein to its Board of Regents.

by Stites & Harbison, PLLC February 22, 2019
Press Releases

Dan Douglass and Walker Entwistle Recognized in 2019 Georgia Super Lawyers

ATLANTA—Stites & Harbison, PLLC attorneys Dan Douglass and Walker Entwistle were recently honored in the 2019 Georgia Super Lawyers magazine.

by Stites & Harbison, PLLC February 21, 2019
Press Releases

Andrew Poltorak Selected for C-Change Class of 2019

COVINGTON, Ky.—C-Change, a leadership development program of the Cincinnati USA Regional Chamber, has selected Stites & Harbison, PLLC attorney Andrew Poltorak to participant in the Class of 2019.

by Stites & Harbison, PLLC February 05, 2019
Press Releases

Cassidy Rosenthal Elected to Fellowship in Construction Lawyers Society of America

LEXINGTON, Ky.—The Construction Lawyers Society of America (CLSA) has elected Stites & Harbison, PLLC attorney Cassidy Rosenthal as a Fellow in its organization.

by Stites & Harbison, PLLC January 18, 2019
Client Alerts

Supreme Court Settles Age-Old Arbitrability Debate

Many construction contracts designate arbitration as the means to adjudicate disputes which are not resolved through executive negotiation, mediation or some alternate method. Occasionally, a question arises whether the claim falls within the scope of the arbitration clause.

by William G. Geisen January 14, 2019
Articles

Offsite Construction #Trending

Offsite construction is trending in the U.S. All one needs to do is perform a quick Google search to see that offsite projects are impacting US markets from coast to coast.

by Aaron R. Klein January 11, 2019
Press Releases

Stites & Harbison Recognized as Client Service Leader in BTI Client Service A-Team 2019

LOUISVILLE, Ky.—BTI Consulting Group recently selected Stites & Harbison, PLLC as a client service leader in the prestigious BTI Client Service A-Team 2019: The Survey of Law Firm Client Service Performance.

by Stites & Harbison, PLLC December 27, 2018
Client Alerts

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

On Thursday, December 13, 2018, the Supreme Court of Kentucky, reversed an appellate court decision and reinstated the trial court’s order granting partial summary judgment in favor of the Louisville and Jefferson County Metropolitan Sewer District.

by Steven M. Henderson and Andrew J. Poltorak December 21, 2018
Articles

Building Blocks of Construction Contracts

This article highlights common, but often overlooked, terms routinely found in construction contracts. Understanding how each clause operates is critical to protecting your rights and interests on every project.

by Megan K. George and Rebecca M.W. Sherman December 18, 2018
Press Releases

Kentucky Super Lawyers Honors 42 Stites & Harbison Attorneys for 2019

LOUISVILLE, Ky.—The 2019 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 33 attorneys to the Super Lawyers list and nine attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 07, 2018
Articles

Getting to Know the Forum: Fall Meeting Recap through the Eyes of Young Lawyers

This article is designed to provide you with two unique perspectives of young lawyers at the fall meeting. The first from a first-time attendee and a YLD Ambassador at the Fall Meeting, Aaron Klein.

by Aaron R. Klein December 05, 2018