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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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
Client Alerts

Subcontractor’s Written “Expressions and Complaints” Demonstrate Disapproval, but Fail to Achieve Written Notice of Additional Costs

On February 4, 2019, the U.S. District Court for the District of Maryland in Hagen Constr. Inc. v. Whiting-Turner Contracting Co., No. JKB-18-1201, 2019 BL 36862 (D. Md. Feb. 4, 2019), held that written “expressions of frustration” and “general complaints” made by a subcontractor regarding alleged project mismanagement were insufficient to sustain a labor inefficiency claim for additional project costs against the general contractor.

by Jamie F. Little March 08, 2019
Articles

Pre-Bid Due Diligence

In Today's Market, steel fabricators confront complex risks on a daily basis, including project uncertainty and increased market volatility.

by Steven M. Henderson, Aaron R. Klein, and David B. Ratterman March 06, 2019
Press Releases

Aaron Klein Elected to Farmington Historic Plantation Board of Regents

LOUISVILLE, Ky.—Farmington Historic Plantation has elected Stites & Harbison, PLLC attorney Aaron Klein to its Board of Regents.

by Stites & Harbison, PLLC February 22, 2019
Press Releases

Cassidy Rosenthal Elected to Fellowship in Construction Lawyers Society of America

LEXINGTON, Ky.—The Construction Lawyers Society of America (CLSA) has elected Stites & Harbison, PLLC attorney Cassidy Rosenthal as a Fellow in its organization.

by Stites & Harbison, PLLC January 18, 2019
Client Alerts

Supreme Court Settles Age-Old Arbitrability Debate

Many construction contracts designate arbitration as the means to adjudicate disputes which are not resolved through executive negotiation, mediation or some alternate method. Occasionally, a question arises whether the claim falls within the scope of the arbitration clause.

by William G. Geisen January 14, 2019
Articles

Offsite Construction #Trending

Offsite construction is trending in the U.S. All one needs to do is perform a quick Google search to see that offsite projects are impacting US markets from coast to coast.

by Aaron R. Klein January 11, 2019
Press Releases

Kentucky Super Lawyers Honors 42 Stites & Harbison Attorneys for 2019

LOUISVILLE, Ky.—The 2019 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 33 attorneys to the Super Lawyers list and nine attorneys to the Rising Stars list.

by Stites & Harbison, PLLC December 07, 2018
Articles

Getting to Know the Forum: Fall Meeting Recap through the Eyes of Young Lawyers

This article is designed to provide you with two unique perspectives of young lawyers at the fall meeting. The first from a first-time attendee and a YLD Ambassador at the Fall Meeting, Aaron Klein.

by Aaron R. Klein December 05, 2018
Client Alerts

Boo-Ware of Settlement Boo Boos

In Satterfield & Pontikes Construction, Inc. v. United States Fire Insurance Company, 2018 U.S. App. LEXIS 21488, the general contractor, Satterfield & Pontikes Construction, Inc. (“S&P”), purchased two (2) insurance policies for a project involving construction of the Zapata County Courthouse in Texas.

by Jamie F. Little October 31, 2018
Press Releases

Stites & Harbison Welcomes Attorney Jamie Little to the Nashville office

NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney Jamie Little to the Nashville, Tenn., office. She serves as Counsel to the firm in the Construction Service Group. Little has more than 10 years of legal experience...
by Stites & Harbison, PLLC October 30, 2018
Press Releases

Stites & Harbison Earns Second Law Firm Award from Construction Lawyers Society of America

LOUISVILLE, Ky.—The Construction Lawyers Society of America (CLSA) recently recognized Stites & Harbison, PLLC with the 2018 CLSA Law Firm Award at the society’s recent International Conference held at the Fairmont Banff Springs in Banff...
by Stites & Harbison, PLLC September 26, 2018