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.
Our construction lawyers 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:
The 2025 edition of Best Law Firms® has ranked Stites & Harbison as National Tier 1 for Litigation – Construction. Click here to see the full results.
Four Stites & Harbison attorneys are Fellows of the American College of Construction Lawyers.
- 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 construction 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
- Contract disputes
- Corporate governance and membership
- Environmental
- Intellectual property
- Labor, employment, wage & hour and immigration law
- Legislation
- Lien enforcement
- OSHA and safety
- Payment disagreements
- 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 Disputes – Robert 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.
Stites & Harbison is the premiere construction law firm in Kentucky and southern Indiana.
Stites & Harbison has always been able to help regardless of the issue and/or complexity.
I have the utmost faith and trust in Stites & Harbison.
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.
Kentucky Vastly Expands Data Center Tax Incentives
During the 2025 legislative session, the Kentucky General Assembly passed House Bill 775 (“HB 775”) expanding the sales and use tax exemptions for qualified data center projects in Kentucky. Eligible entities engaged in “qualified data center projects” are exempt from sales and use taxes on data center equipment, so long as the owner, operator, or colocation tenant makes the required minimum capital investments. Cassisdy Rosenthal takes a look at the Bill in this Stites & Harbison Client Alert.
Sixth Circuit Wrestles with Meaning of “Weekly Basis” Under the FLSA
On April 1, 2025, in Lynwood Pickens v. Hamilton-Ryker IT Solutions, LLC, the Sixth Circuit Court of Appeals clarified what it means to pay a salary on a “weekly basis” under federal regulation 29 C.F.R. § 541.602(a) for purposes of classifying an employee as exempt from overtime under the Fair Labor Standards Act (FLSA). In a divided opinion, the Sixth Circuit held that to be paid on a “weekly basis” means that an employee is paid for “a regular week’s worth of work.” As a result, the court held that an employer did not pay an employee on a “weekly basis”—and therefore owed the employee overtime—when the weekly guaranteed pay to the employee was only the equivalent of one day’s pay and the employee was paid an hourly rate for every hour worked beyond the first eight hours in the week.
EEOC and DOJ Issue Guidance Regarding DEI in the Workplace
On March 19, 2025, the Equal Employment Opportunity Commission and the Department of Justice issued two technical assistance documents regarding “diversity, equity, and inclusion” (“DEI”) programs in the workplace. Consistent with the Trump Administration’s Executive Orders regarding DEI, these technical assistance documents warn of the potential illegality of certain employment policies or initiatives under Title VII of the Civil Rights Act of 1964. Robin McGuffin takes a look at the guidance recommended in this Stites & Harbison Client Alert.
UPDATE: FinCEN and Treasury Department Announce They Will Not Enforce CTA Despite March Deadline
There is yet another update with respect to the Corporate Transparency Act (the “CTA”). Less than two weeks after the U.S. Treasury Financial Crimes Enforcement Network (“FinCEN”) set a new deadline for CTA compliance, both FinCEN and the U.S. Department of Treasury issued separate press releases announcing their intent to not enforce the CTA until new rules are finalized. Stites & Harbison's Corporate Transparency Act Committee takes a look at the update in this Stites & Harbison Client Alert.