Construction

Drafting, Reviewing & Negotiating Construction Contracts

Our Construction Service Group attorneys draft, review, and negotiate contracts for design and construction, and counsel a wide range of owners, developers, design builders and contractors about those contracts.

Both the wide range of projects on which we have consulted and our attorneys’ industry experience equip us to tackle any project our clients place before us. Our contract review experience includes both modified standardized form agreements and manuscript construction documents for private and public projects throughout the United States and internationally. The unique perspective gained from our group’s broad experience in dispute resolution and problem-solving helps us craft contracts that prevent problems for our clients.

Stites & Harbison’s Construction Service Group attorneys are regional and national leaders in developing contract documents for application of Building Information Modeling (BIM) technology and sustainable design and construction (LEED and otherwise). We have served in leadership roles for BIM development initiatives sponsored by AISC, the Associated General Contractors of America, and the American College of Construction Lawyers.

Stites & Harbison lawyers know how to apply emerging technology and design theory, as well as emerging legal theory and practice, to real-world construction contracts.

Representative Engagements

  • Atlantic Center Plaza, Atlanta – Located in midtown Atlanta, the $100 million Atlantic Center Plaza consists of a 500,000 square-foot, 24-story office tower and an 11-story poured-in-place parking deck. The contractor for the project was The Beck Group, the developer was Pope & Land Enterprises, and the architect was Smallwood, Reynolds, Stewart & Associates, Inc. Stites & Harbison construction lawyers reviewed contract documents on behalf of the contractor for the project.
  • The Beck Group develops real estate, designs architecture and interiors and constructs buildings. Stites & Harbison drafts, reviews and negotiates their construction contracts.
  • Design/builder Denham Blythe relies on Stites & Harbison to negotiate construction contracts.
  • Gray Construction – Our construction attorneys regularly draft, review, advise and negotiate subcontracts and contracts with values of up to $60 million for this national and international company that designs and builds commercial and industrial facilities.
  • Judy Construction Company of Cynthiana, Ky. is a general contractor specializing in water and wastewater treatment facilities, commercial and industrial buildings and bridge construction. The company completed a $1.77 million project on the Fayette County Courthouse Plaza in Lexington, which includes an elliptical fountain, a water wall, and a courtyard. Stites & Harbison provides legal services to Judy Construction Company.
  • Lexington-Fayette Urban County Detention Facility, Lexington, Ky. – The new $55 million detention facility was designed and built in the scenic Bluegrass area of Kentucky for the Lexington-Fayette Urban County Government. To be a good neighbor to nearby horse farms, the structure uses traditional materials and forms.
  • Lin Rogers Electrical – The Construction Service Group negotiates contracts on behalf of several subcontractors and suppliers including Lin Rogers Electrical.
  • Yum! Center/Louisville Basketball Arena, Louisville, Ky. – Stites & Harbison attorneys represented the construction manager of Louisville’s Yum! Center sports arena.
  • Precision Walls, Inc./Biltmore Inn, Asheville, N.C. - Renovation of the historic Biltmore Inn was accomplished with the help of Precision Walls, Inc. Precision Walls is one of the largest specialty contractors in the Southeast. With a home base in Raleigh, N.C., the company has 1,200 employees and locations throughout the region.
  • Roman Catholic Diocese of Lexington, Lexington, Ky. – Our attorneys regularly negotiate and draft contracts for the design and construction of churches, schools and multi-purpose facilities for the Roman Catholic Diocese of Lexington.
  • University of Louisville Hospital, Louisville, Ky. – Our group prepared owner-architect and owner-construction manager contracts for this university-built and -operated hospital.
  • Bechtel Corporation – We advised Bechtel Corporation on environmental and contract matters for new construction in Oldham County for LG&E, a Kentucky-based utility.
  • We represented a major league baseball franchise in drafting and negotiating construction and design contracts for extensive renovations and improvements to one of the country’s oldest and most famous baseball parks.
  • We successfully negotiated a $63 million design/build contract with a tire manufacturer in Georgia, and subsequently defeated the tire manufacturer’s $9 million claim against the design/build – in part, on the strength of the contracts.
  • Our group is currently advising the owners/developers of a $3 billion gasification facility in the western United States.
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See more related to Drafting, Reviewing & Negotiating Construction Contracts
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
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
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
Client Alerts

OSHA Issues a Draft of the COVID-19 Emergency Temporary Standard

On April 26, 2021, the Occupational Safety and Health Administration (OSHA) officially sent to the White House a long awaited draft of their COVID-19 Emergency Temporary Standard (“ETS”). Once issued, OSHA’s ETS will be the most concrete guidance regarding COVID-19 received from OSHA to date. It will also provide OSHA the ability to issue citations to employers who fail to comply with the ETS’s requirements.

by Aaron R. Klein April 28, 2021
Articles

Legal Notes: Modular construction growth will alter the insurance risk scenario

Construction attorneys Megan George and Aaron Klein are quoted in this Daily Commercial News article about how increased prefabrication and modularization is vital to improving the construction industry’s lacklustre productivity growth.

by Megan K. George and Aaron R. Klein March 17, 2021
Events

Winter Warm-Up: A Forum Fireside Virtual Construction Conference

Date: 2/24/21 - 2/26/21

Virtual Conference

Cassidy R. Rosenthal, Office Executive Member of the Lexington Office and a Member of the firm’s Construction Practice Group, is pleased to Co-Chair this year’s American Bar Association’s Forum on Construction Law.

Cassidy R. Rosenthal February 02, 2021
Events

Henry Clay, Enigma or Statesman for the 21st Century?

Date: 2/18/21
Time: 6:00 p.m. - 7:00 p.m.

Webinar

Louisville office attorney David Ratterman will give a presentation on the

David B. Ratterman January 26, 2021
Client Alerts

PPP Update: AGC Lawsuit Hammers Away at the SBA, Alleging Violations of Borrowers’ Constitutional Rights

The Associated General Contractors of America, Inc. (“AGC”), the U.S. construction industry’s largest trade association, has taken dead aim at the controversial Paycheck Protection Program (“PPP”) loan necessity questionnaire (the “Questionnaire”) that was recently introduced by the U.S. Small Business Administration (“SBA”) and the so-called PPP “necessity” certification (the “Necessity Certification”). The Necessity Certification is the SBA requirement that PPP loan applicants certify in good faith that economic uncertainty makes the loan request necessary to support ongoing operations.

by Brian A. Cromer and Cassandra L. Welch (Casey) January 05, 2021
Presentations

New Loss of Productivity Standard on the Horizon

Construction Lawyers Society of America (CLSA) Complimentary Webinar Series featuring speaker Bill Geisen, Construction lawyer in our Covington, Ky. office.

by William G. Geisen December 10, 2020
Events

New Loss of Productivity Standard on the Horizon

Date: 12/9/20
Time: 1:00 p.m.

WEBINAR

Construction Lawyers Society of America Complimentary Webinar Series featuring speaker Bill Geisen, Construction lawyer in our Covington, Ky. office.

William G. Geisen December 02, 2020
Events

2020 Construction Law Institute

Date: 11/11/20 - 11/12/20
Time: 8:30 a.m. - 12:30 p.m.

WEBINAR

Presented by UK/CLE NOW A LIVE WEBINAR BROADCAST VIA ZOOM Due to circumstances surrounding the COVID-19 outbreak, this year’s program has been restructured as a live webinar via Zoom. You do NOT need a Zoom...
William G. Geisen, Shannon Antle Hamilton, Gregory P. Parsons, and Rebecca M.W. Sherman October 27, 2020