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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Client Alerts

COVID-19: Can Construction Continue?

Over the past few hours and days, states and local governments have issued “shelter in place,” “stay at home” and other orders restricting gatherings and non-essential business.

by Cassidy R. Rosenthal and Adam M. Smith March 24, 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
Client Alerts

Pipeline Crafts Urge U.S. Supreme Court to Reverse Atlantic Coast Pipeline Decision and to Allow a More Reliable Permitting Process

On October 4, 2019, the U.S. Supreme Court agreed to review the 4th Circuit’s rejection of the National Forest Service’s permit authorizing the Atlantic Coast Pipeline (ACP) to cross the Appalachian Trail within the George Washington National Forest.

by Andrew J. Poltorak October 07, 2019
Events

2019 Buckeye Conference

Date: 9/25/19 - 9/26/19
Time: 8:30 a.m. - 3:00 p.m.

Anderson Pavilion, 8 East Mehring Way, Cincinnati, OH 45202

Construction attorney Bill Geisen is co-chair of the 2019 Buckeye Regional Conference presented by CFMA - Greater Cincinnati Chapter. Attorney Allison Cook will be a speaker.

William G. Geisen and Allyson True Cook September 13, 2019
Press Releases

Aaron Klein named as an ABA TIPS Now! Fellow

LOUISVILLE, Ky.—The American Bar Association (ABA) recently named Stites & Harbison, PLLC attorney Aaron Klein as a 2019-20 TIPS Now! Fellow.

by Stites & Harbison, PLLC September 04, 2019
Press Releases

Best Lawyers Names Six Stites & Harbison Attorneys as "Lawyer of the Year" for 2020

LOUISVILLE, Ky.—The Best Lawyers in America©, one of the oldest and most respected peer-review publications in the legal profession, has named six attorneys from Stites & Harbison, PLLC as “Lawyer of the Year” for 2020.

by Stites & Harbison, PLLC August 26, 2019
Events

39th Annual Structural Conference

Date: 9/20/19
Time: 7:30 a.m. - 5:30 p.m.

Scott Conference Center, 6450 Pine Street, Omaha, NE 68106

Construction attorney Steven Henderson will be a speaker at the Structural Engineers Association of Nebraska's 39th Annual Structural Conference in September.

Steven M. Henderson July 31, 2019
Press Releases

Stites & Harbison Welcomes Cassandra Welch to the Covington, Kentucky office

COVINGTON, Ky.—Stites & Harbison, PLLC welcomes attorney Cassandra Welch to its Covington, Ky., office.

by Stites & Harbison, PLLC June 25, 2019
Client Alerts

Legal Risks of Virtual and Augmented Reality on the Construction Site

Co-Author, Kelly Ball, Summer Associate. The construction industry is known for innovation and creative problem solving, and the industry’s early adoption of cutting-edge virtual technologies is no exception.

by Megan K. George June 19, 2019
Press Releases

Jamie Little Appointed to Go Build Tennessee's Board of Directors

NASHVILLE, Tenn.—Go Build Tennessee recently appointed Stites & Harbison, PLLC attorney Jamie F. Little to their Board of Directors.

by Stites & Harbison, PLLC May 17, 2019
Articles

Healthcare facilities construction contracts

The demand for cutting-edge healthcare facilities, while varied by community, tends to rise or remain consistent despite changes in the economy and the availability of the significant capital necessitated by such projects. This creates a unique challenge in both the medical and construction industries.

by Rebecca M.W. Sherman and Megan K. George April 30, 2019
Press Releases

David Ratterman earns 2019 AISC Lifetime Achievement Award

LOUISVILLE, Ky.—The American Institute of Steel Construction (AISC) recently honored Stites & Harbison, PLLC attorney David B. Ratterman with the 2019 Lifetime Achievement Award at the North American Steel Construction Conference (NASCC) held in St. Louis from April 3-5, 2019.

by David B. Ratterman April 12, 2019