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.

Nine Stites & Harbison lawyers are either LEED Accredited Professionals or LEED Green Associates. They 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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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 Allyson True Cook and Andrew J. Poltorak April 22, 2020
Client Alerts

OSHA Recognizes Employers’ Good Faith Efforts

On April 16, 2020, OSHA issued a new enforcement policy that acknowledges the difficulties faced by employers in complying with certain OSHA standards due to the COVID-19 pandemic.

by S. Kelly Gilliam April 21, 2020
Events

NASCC: The Virtual Steel Conference

Date: 4/21/20 - 4/24/20

WEBINAR

NASCC: The Virtual Steel Conference is coming to a computer near you, April 21-24. This virtual conference features over 50 unique sessions--complete with PDHs--and registration is free! Stites & Harbison attorney David Ratterman is a speaker.

David B. Ratterman April 21, 2020
Events

Ask the Expert-Legal Chat with Stites & Harbison

Date: 4/17/20
Time: 2:00 p.m. - 3:00 p.m.

WEBINAR

Join ABC Ohio Valley Chapter for our online chat with Allyson Cook and Andrew Poltorak from Stites & Harbison Law.

Allyson True Cook and Andrew J. Poltorak April 14, 2020
Client Alerts

Coronavirus and Force Majeure Provisions In Construction Contracts: May I Be Excused?

The World Health Organization (WHO) officially declared COVID-19 a pandemic on Wednesday, March 11, 2020. While we have all experienced the effects the spread of the novel coronavirus has had on our daily lives, the total impact the virus will have is still unclear. As the virus continues to run its course, contractors and owners must begin to address concerns with project delays, liquidated damages clauses, and cost overruns on projects—to name a few.

by Allyson True Cook and Cassandra L. Welch (Casey) March 24, 2020
Press Releases

Steven Henderson Appointed Chair of Stites & Harbison’s Construction Service Group

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that attorney Steven Henderson has been appointed Chair of the firm’s Construction Service Group.

by Stites & Harbison, PLLC March 23, 2020
Client Alerts

NLRB Final Rule on Joint Employer Standard

On February 26, 2020, the National Labor Relations Board (“NLRB”) issued its final rule on the standard for determining joint-employer status for businesses and employees covered by the National Labor Relations Act (“NLRA”).

by Allyson True Cook March 03, 2020
Press Releases

Stites & Harbison welcomes S. Kelly Gilliam

LOUISVILLE, Ky. —Stites & Harbison, PLLC welcomes attorney S. Kelly Gilliam back to the firm’s Louisville, Ky., office. He will rejoin the Construction Service Group and Employment Law Service Group as Counsel.

by S. Kelly Gilliam February 18, 2020
Press Releases

Dan Douglass and Bill Joseph Recognized in 2020 Georgia Super Lawyers

ATLANTA—Stites & Harbison, PLLC attorneys Dan Douglass and Bill Joseph were recently honored in the 2020 Georgia Super Lawyers magazine.

by Stites & Harbison, PLLC February 14, 2020
Press Releases

Stites & Harbison Promotes Six Attorneys

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced that six attorneys have been promoted within the law firm effective January 2020.

by Stites & Harbison, PLLC January 07, 2020
Press Releases

Northern Kentucky Chamber of Commerce honors Allyson True Cook with Spirit of Achievement Award

COVINGTON, Ky.—The Northern Kentucky Chamber of Commerce has announced that Stites & Harbison, PLLC attorney Allyson True Cook is the recipient of the seventh annual Debbie Simpson Spirit of Achievement Award.

by Stites & Harbison, PLLC December 20, 2019
Press Releases

Cassidy Rosenthal to be inducted as Fellow of American College of Construction Lawyers

LEXINGTON, Ky. (Oct. 31, 2019)—Stites & Harbison, PLLC attorney Cassidy Rosenthal will be inducted as a Fellow of the American College of Construction Lawyers (ACCL) on February 22, 2020, at the Annual Meeting in Tucson, Ariz.

by Stites & Harbison, PLLC November 01, 2019