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 2024 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.
Dan Douglass Honored by Georgia Super Lawyers for 2025
The 2025 edition of Georgia Super Lawyers recently honored Stites & Harbison, PLLC attorney Dan Douglass on its Super Lawyers list.
UPDATE: Corporate Transparency Act Back on as Potential Changes Loom
Compliance with the Corporate Transparency Act (the “CTA”) is no longer voluntary. Businesses subject to the CTA, which includes the majority of entities formed or registered to do business in the United States, will have until March 21, 2025, to file their beneficial ownership information reports with the U.S. Treasury Financial Crimes Enforcement Network (“FinCEN”).
Ellen Gish Joins Stites & Harbison’s Lexington Office
Stites & Harbison, PLLC welcomes attorney Ellen Gish to the firm’s Lexington, Ky., office. She joins the firm as Counsel in the Construction Service Group.
The Uncertain Future of the FTC Ban on Employment Non-Compete Agreements
Time: 1:00 a.m. EST - 3:10 p.m. EST
Webinar
TJ Mihill will be a speaker at this myLawCLE webinar on February 19, 2025. The webinar will cover the legal challenges of the Federal Trade Commissions ban of the use of non-compete agreements in employment settings.
Evaluating and Mitigating the Impact of Trump’s Tariffs on Construction Projects
On February 1, 2025, President Trump announced that tariffs of 25% will be imposed on goods imported from Mexico and Canada (with the exception of Canadian energy resources which will be subject to a 10% tariff). In addition, a 10% tariff will also be imposed on certain goods imported from China. The administration’s stated justification for this emergency action is to address the threat posed by illegal aliens and drugs, including fentanyl, that are flowing into the United States. While the details of the tariffs remain unclear, these tariffs will undoubtedly impact both the cost and availability of critical materials required for construction projects across the United States. Accordingly, all contractors would be wise to immediately evaluate applicable clauses in existing contracts that may offer some relief from the time and cost impact resulting from tariffs. Construction attorneys Tyler Lloyd and Steven Henderson take a look at what this will mean to the construction industry in this Stites & Harbison Client Alert.
Ross Hutchison Named Chair-Elect of the Tennessee Bar Association’s Construction Law Section
The Tennessee Bar Association’s Construction Law Section recently appointed Stites & Harbison, PLLC attorney J. Ross Hutchison Chair-Elect of the section. Hutchison will serve a one-year term.
University Wins Jury Verdict Over Online Retailer for Trademark Infringement
A trial over a trademark dispute relating to an unlicensed online retailer’s sale of apparel and other merchandise bearing historic or retro logos and images of universities has concluded. In 2021, the Pennsylvania State University (“Penn State”) brought suit against Vintage Brand (“Vintage”) for trademark infringement and other claims in federal court in the Middle District of Pennsylvania, styled as The Pennsylvania State University v. Vintage Brand, LLC et al., 4:21-cv-1091. Since that time, at least a dozen other schools have sued Vintage on similar grounds, but this was the first case to go to trial and it has been watched intently by the trademark world as a bellwether case in the sports merchandising industry landscape and perhaps beyond.
Robin Miller Honored by Ohio Super Lawyers for 2025
The 2025 edition of Ohio Super Lawyers recently honored Stites & Harbison, PLLC attorney Robin D. Miller on its Super Lawyers list.
Kentucky Super Lawyers Honors 47 Stites & Harbison Attorneys for 2025
The 2025 edition of Kentucky Super Lawyers recently honored 47 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 34 attorneys to the Super Lawyers list and 13 attorneys to the Rising Stars list.
Future of the Corporate Transparency Act is Uncertain
With the January 1, 2025, deadline for beneficial ownership information filings pursuant to the Corporate Transparency Act (the “CTA”) for entities formed prior to 2024 rapidly approaching, Judge Amos L. Mazzant III of the US District Court for the Eastern District of Texas preliminarily enjoined the enforcement of the CTA and its related regulations nationwide. Alison Zeitlin takes a look at what is happening in this Stites & Harbison Client Alert.
Ten Stites & Harbison Attorneys Honored by 2024 Mid-South Super Lawyers
The 2024 edition of Mid-South Super Lawyers recently honored 10 Stites & Harbison, PLLC attorneys. Seven attorneys were named to the Super Lawyers list and three were named to the Rising Stars list.
Stites & Harbison Welcomes Nine Attorneys to Kentucky and Georgia
Stites & Harbison, PLLC announces the addition of nine attorneys to the firm. Four attorneys join the Louisville, Ky., office: Rachel Gumbel, Jackson B. Hurst-Sanders, James E. Myers and April M. J. Sain. Harper B. Anderson, Holly A. Couch and Robert H. Dean join the firm in Lexington, Ky., while Mackenzie Miller and Lauren Towell (Ren) join the Atlanta office.
Josh Chesser Joins Stites & Harbison in Nashville
Stites & Harbison, PLLC welcomes attorney Joshua K. Chesser (Josh) to the firm’s Nashville, Tenn., office. He joins the firm as a Member (Partner) in the Construction Service Group.
Regulated Products: What Manufacturers and Retailers Need to Know Now
Stites & Harbison attorneys Warren Schickli and Drake Staples take at a look at what manufacturers and retailers need to know in this Stites & Harbison complimentary webinar series focused on forever chemicals and what businesses need to do.
Stites & Harbison Earns 93 Rankings in 2025 Best Law Firms®
Stites & Harbison, PLLC has been ranked in the 2025 edition of Best Law Firms®. The firm’s National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law. The firm’s overall results include 93 metropolitan rankings in six regions and represent 52 legal practice areas.
Forever Chemicals: Breaking Down Insurance Coverages
Neil Barton and Charles Stopher present an overview of available insurance coverage and potentially applicable exclusions to the increased risk of PFAS exposure in the third session of Stites & Harbison's webinar series "Forever Chemicals: What does your business need to know and do?".