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
Client Alerts

Supreme Court Rejects OSHA Vaccine Mandate on Private Employers – Allows CMS Healthcare Mandate for Facilities Receiving Medicare/Medicaid Funds

Holding that “[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given the agency the power to regulate public health more broadly,” in a 6-3 decision the Supreme Court of the United States, on January 13, 2022, issued a stay of OSHA’s Emergency Temporary Standard (“ETS”) on vaccination or testing for employers with 100 or more workers.

by Rachel Dix Bishop, Shannon Antle Hamilton, Calesia Henson, Demetrius O. Holloway, Ashley Owens Hopkins, Robin E. McGuffin, Robin D. Miller, and Rebecca A. Weis January 14, 2022
Press Releases

Kentucky Super Lawyers Honors 37 Stites & Harbison Attorneys for 2022

LOUISVILLE, Ky.—The 2022 edition of Kentucky Super Lawyers recently honored 37 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 29 attorneys to the Super Lawyers list and eight attorneys to the Rising Stars list.

by Stites & Harbison, PLLC January 11, 2022
Press Releases

Stites & Harbison Promotes Five Attorneys to Member

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced today that five attorneys have been promoted to Members (Partners) within the law firm effective January 2022. The new Members (Partners) include:

by Stites & Harbison, PLLC January 07, 2022
Press Releases

Greg Parsons to be Inducted as Fellow of American College of Construction Lawyers

LEXINGTON, Ky.—Stites & Harbison, PLLC attorney Greg Parsons will be inducted as a Fellow of the American College of Construction Lawyers (ACCL) on February 26, 2022, at the Annual Meeting in Laguna Beach, Calif. ACCL, one of the nation’s leading legal associations, only designates the top 1% of the construction bar in the U.S. with this honor.

by Stites & Harbison, PLLC December 21, 2021
Press Releases

Mid-South Super Lawyers®, Rising Stars 2021

NASHVILLE, Tenn.—The 2021 edition of Mid-South Super Lawyers recently honored eight Stites & Harbison, PLLC attorneys. Five attorneys were named to the Super Lawyers list and three were named to the Rising Stars list.

by Stites & Harbison, PLLC December 03, 2021
Client Alerts

Van Tatenhove Pauses Enforcement of Vaccine Mandate for Some Federal Contractors

On November 30, 2021, a federal judge for the United States District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction curbing implementation and enforcement of President Joe Biden’s COVID-19 vaccine mandate for federal government contractors and subcontractors.

by J. Ross Hutchison December 02, 2021
Press Releases

Stites & Harbison Earns 82 Rankings in 2022 “Best Law Firms” List

U.S. News & World Report and Best Lawyers® have released their 2022 “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 82 metropolitan rankings in six regions.

by Stites & Harbison, PLLC November 17, 2021
Press Releases

Stites & Harbison Welcomes J. Ross Hutchison to the Nashville office

NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney J. Ross Hutchison to the firm’s Nashville, Tenn., office. He joins the Construction Service Group as a Member (Partner).

by Stites & Harbison, PLLC October 29, 2021
Articles

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

Construction attorney Steven Henderson joins the conversation about construction pricing during Covid in this Engineering News-Record article.

by Steven M. Henderson October 08, 2021
Press Releases

Fayette County Bar Association Names Rebecca Sherman as Outstanding Young Lawyer for 2021

LEXINGTON, Ky.—The Fayette County Bar Association has recognized Stites & Harbison, PLLC attorney Rebecca M.W. Sherman with its Outstanding Young Lawyer Award for 2021.

by Stites & Harbison, PLLC October 04, 2021
Presentations

Monumentality in the Engineering Profession

Presentation by construction attorney David Ratterman on Monumentality in the Engineering Profession

by David B. Ratterman September 21, 2021
Client Alerts

Biden Announces Plans to Mandate Vaccination for All Federal Workers and Contractors, Private Employers with 100+ Employees, and Health Care Workers at Medicare/Medicaid Facilities

President Biden has announced plans to reduce the number of unvaccinated Americans by using regulatory and other powers to increase the number of Americans covered by vaccination requirements as COVID-19 cases continue to climb.

by Rachel Dix Bishop, Shannon Antle Hamilton, Rebecca A. Weis, and Ashley Owens Hopkins September 10, 2021
Press Releases

Stites & Harbison, PLLC Lawyers Named to 2022 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 93 lawyers are included in the 2022 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. Additionally, 11 attorneys are named as “Lawyer of the Year” and 14 attorneys are recognized in “Best Lawyers: Ones to Watch,” which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.

by Stites & Harbison, PLLC September 01, 2021
Press Releases

Kentuckians for Better Transportation Names Steven Henderson as Chair of Executive Committee

LOUISVILLE, Ky.—Kentuckians for Better Transportation (KBT) recently named Stites & Harbison, PLLC attorney Steven Henderson as Chair of its Executive Committee.

by Stites & Harbison, PLLC July 06, 2021
Press Releases

Stites & Harbison Ranks 3rd on 2021 “Best Places to Work in Kentucky” List

LOUISVILLE, Ky.—Stites & Harbison, PLLC is ranked 3rd in “Best Places to Work in Kentucky” for 2021 in the medium company category. The firm has made the list 15 times.

by Stites & Harbison, PLLC June 28, 2021
Client Alerts

Amendments to Kentucky Open Records Act Set to Become Effective June 29, 2021

In its 2021 regular session, the Kentucky General Assembly passed, and ultimately overrode Governor Andy Beshear’s veto of, House Bill 312 to amend the Kentucky Open Records Act, KRS 61.870 to KRS 61.884. Effective as of June 29, 2021, among other changes, the amended Act will restrict inspection rights to Kentucky “residents,” require public agencies to accept emailed open records requests, and extend public agencies’ time for handling requests from three days to five days.

by Rachel Owsley, Luke F. Ervin, and Lucy Falkner, 2021 Summer Associate June 16, 2021
Client Alerts

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Following the most recent slew of high-profile ransomware attacks, the White House deputy national security adviser for cyber and emerging technology, Anne Neuberger, issued an open letter to the private sector urging action to increase cyber defenses to match the nation’s increasing ransomware threat.

by Sarah Cronan Spurlock June 10, 2021
Press Releases

Chambers USA Honors 22 Stites & Harbison Attorneys for 2021

LOUISVILLE, Ky.—Chambers USA selected 22 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2021 guide.

by Stites & Harbison, PLLC May 21, 2021
Client Alerts

New Executive Directives by President Biden Strengthen Existing Buy American Act

On January 25, 2021, President Biden signed an executive order titled, Ensuring the Future is Made in All of America by All of America’s Workers. This executive order is designed to discourage federal agencies from obtaining waivers to existing Buy American Act (“BAA”)1 requirements and to encourage federal procurement of goods fabricated with American labor.

by Gregory P. Parsons, Andrew J. Poltorak, and Aaron R. Klein May 05, 2021
Press Releases

Dan Douglass and Bill Joseph Recognized in 2021 Georgia Super Lawyers

ATLANTA—Stites & Harbison, PLLC attorneys Dan Douglass and Bill Joseph were recently honored in the 2021 Georgia Super Lawyers magazine.

by Stites & Harbison, PLLC May 04, 2021