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

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, S. Kelly Gilliam, Shannon Antle Hamilton, Gregory P. Parsons, and Rebecca M.W. Sherman October 27, 2020
Presentations

Stites & Harbison: New Member

Construction attorney Steven Henderson is interviewed in this NUCA podcast.

by Steven M. Henderson October 08, 2020
Events

Tennessee Construction Law

Date: 10/26/20
Time: 8:30 a.m. - 4:00 p.m.

WEBINAR

Nashville attorney Jamie Little joins a panel of construction lawyers in this Tennessee Construction Law webinar on October 26, 2020

Jamie F. Little September 24, 2020
Press Releases

Megan George Selected for Leadership Lexington’s Class of 2020-21

LEXINGTON, Ky.—Leadership Lexington has selected Stites & Harbison, PLLC attorney Megan George as a member of the 2020-21 Leadership Lexington program.

by Megan K. George August 19, 2020
Press Releases

Aaron Klein Selected for Membership in Louis D. Brandeis American Inn of Court

The Louis D. Brandeis American Inn of Court recently selected Stites & Harbison, PLLC attorney Aaron Klein as an Associate member.

by Aaron R. Klein July 21, 2020
Client Alerts

Enhancing the Prospects for Contractors to Have Insurance Coverage for Their Subcontractors’ Defective Work

When a construction contractor engages in a construction project, it generally purchases a commercial general liability policy (“CGL”) to broadly cover it and, frequently, the property owner for claims that might arise during the course of construction. These insurance contracts are standard forms issued by the Insurance Services Office (“ISO”) that cover accidental damage to property or personal injury claims.

by Gregory P. Parsons and J.P. Stilz, Summer Associate (2020) July 06, 2020
Presentations

Monumentality in the Engineering Profession: The Design, Destruction and Redesign of the World Trade Center

Presentation by construction attorney David Ratterman to the University of Kentucky College of Engineering.

by David B. Ratterman June 30, 2020
Events

Monumentality in the Engineering Profession: The Design, Destruction and Redesign of the World Trade Center

Date: 6/26/20
Time: 12:30 p.m.

WEBINAR

WEBINAR: Construction attorney David Ratterman will present to the UK College of Engineering on June 26, 2020.

David B. Ratterman June 24, 2020
Presentations

State of the Union – Mitigating the Impact of COVID-19 on Infrastructure Projects

Presentation by Steven Henderson and Aaron Klein to the 12th Annual Law & Regulatory Forum presented by ARTBA.

by Steven M. Henderson and Aaron R. Klein June 08, 2020
Client Alerts

New Loss of Productivity Standard on the Horizon

Later this year, the American Society of Civil Engineers (“ASCE”), in conjunction with its Construction Institute, will publish a Standard on loss of productivity claims, entitled “Identifying, Quantifying and Proving Loss of Productivity” (“LOP Standard”).

by William G. Geisen May 28, 2020
Client Alerts

Healthy at Work – Kentucky Governor Issues Requirements for Construction Businesses in Response to COVID-19

Effective May 11, 2020, Kentucky Governor Andy Beshear issued a Healthy at Work Order based on criteria set by public health experts and advice from industry experts. The Order includes minimum and industry-specific requirements that contractors must meet to re-open and/or remain operating.

by Aaron R. Klein May 26, 2020
Events

ARTBA 12th Annual Law & Regulatory Forum – Live Online

Date: 6/3/20 - 6/4/20

WEBINAR

Due to the COVID-19 pandemic, this year’s event is offered as a series of webinars over two days. Attendees will receive the same excellent content as previous forums. Registrants will also be able to watch recorded versions of the presentations at their convenience.

Steven M. Henderson and Aaron R. Klein April 30, 2020
Presentations

Ask the Expert featuring Allyson Cook and Andrew Poltorak of Stites & Harbison, PLLC

Allyson Cook and Andrew Poltorak joined ABC Ohio Valley Chapter for an online chat.

by Andrew J. Poltorak April 22, 2020