For nearly 40 years the attorneys of Stites & Harbison have served as trusted advisors to hundreds of fabricated steel industry participants, across the United States and internationally, involved in every aspect of design, detailing, fabrication, and erection of structural steel. Over this period Stites & Harbison attorneys have also served as counselors to not less than a dozen national and international professional societies and trade organizations that deal with current and evolving issues effecting the industry including the American Institute of Steel Construction and the National Steel Bridge Alliance. This history of service includes contract formation, real-time challenges to contract performance, and, where necessary, post construction investigation, litigation and dispute resolution.
Our attorneys consult regularly with the American Institute of Steel Construction, the American Institute of Architects, the Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the Associated Builders and Constructors of America, and ConsensusDocs®, on formation of standard form construction documents – especially as applied to the fabricated structural steel industry. We are regularly recruited by industry trade associations and professional societies to develop position papers on construction issues, to serve on standards-setting committees, and to provide educational programs.
Some examples of the firm’s capabilities include:
- Fabricator, erector, detailer and designer contract formation and review, including modification of standard form contract provisions to fit the structural steel industry.
- Application and enforcement of the AISC Code of Standard Practice for Buildings and Bridges to industry contractual relationships.
- Application of Engineering Cannons of Professional Responsibility to the fabricated structural steel industry.
- Application of antitrust law to the fabricated structural steel industry.
- Application of state and local tax regulations to the fabricated structural steel industry.
- Analysis of project delay, allocation of responsibility for delay, and calculation of under-absorption of fabrication shop overhead.
- Application of OSHA regulations to the fabricated structural steel industry and successful defense of OSHA citations.
- Application of intellectual property rights and liability to fabricated structural steel contracts and project performance.
- Application of building code requirements to primary structural framing systems.
- Application of international trade regulations and treaty obligations to procurement of fabricated structural steel.
- Analysis of fabricator, erector, designer and detailer insurance coverage issues
- Application of environmental and sustainability standards to design, fabrication, and erection of structural steel.
- Investigation and defense of structural collapse(s).
- Interpretation of specifications related to Architecturally Exposed Structural Steel.
- Application of fabrication and erection tolerance requirements to real world construction projects.
- Application of Tech13 flatness and sweep requirements to primary steel framing systems.
- Analysis of incomplete structural designs and their consequences to fabrication operations.
- Application and evaluation of fracture critical and full penetration welding criteria to building structures.
- Interpretation and application of preheat and post heat welding requirements.
- Application of proprietary systems and patents to fabricated structural steel contracts.
- Weight calculation under the AISC Code of Standard Practice.
- Analysis of lamellar shear and material separation.
- Interpretation of requirements for column reinforcement at connection points.
- Application of specified coating systems for structural steel.
- Specification and performance of fireproofing systems for structural steel, including intumescent coatings and shop-applied systems.
- Delegation of connection design responsibility.
- Design-Build project delivery applied to the fabricated structural steel industry.
- Construction Manager-at-Risk project delivery applied to the fabricated structural steel industry.
- Design-Assist services applied in delivery of the primary structural framing system.
- Fast track scheduling applied to the fabricated structural steel industry.
- Seismic design requirements and special inspections applied to the fabricated structural steel industry.
- Application of Building Information Modeling to real-world project requirements.
- Steel erector, building and bridge fabricator quality certification programs.
- The then-largest private, commercial construction project in the United States.
- The then-largest private, industrial construction project in the United States.
- The then-largest public construction project in the United States.
- One of the largest mining facilities in the Western Hemisphere.
- Major interstate highway bridge and interchange projects.
- Expansion and new construction of major sports stadiums and arenas.
- Renovation and new construction of healthcare facilities.
- Primary, secondary and University educational and research facilities.
- Power generation and distribution facilities.
- Chemical facilities.
- Manufacturing and distribution facilities.
- Military installations.
- Nuclear facilities.
- Prison and detention facilities.
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.
ATLANTA—Stites & Harbison, PLLC attorneys Dan Douglass and Bill Joseph were recently honored in the 2021 Georgia Super Lawyers magazine.
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.
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.
Time: 6:00 p.m. - 7:00 p.m.
Louisville office attorney David Ratterman will give a presentation on the
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.
Construction attorney Steven Henderson is interviewed in this NUCA podcast.
Time: 8:30 a.m. - 4:00 p.m.
Nashville attorney Jamie Little joins a panel of construction lawyers in this Tennessee Construction Law webinar on October 26, 2020
The Louis D. Brandeis American Inn of Court recently selected Stites & Harbison, PLLC attorney Aaron Klein as an Associate member.
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.
Presentation by construction attorney David Ratterman to the University of Kentucky College of Engineering.
Time: 12:30 p.m.
WEBINAR: Construction attorney David Ratterman will present to the UK College of Engineering on June 26, 2020.
Presentation by Steven Henderson and Aaron Klein to the 12th Annual Law & Regulatory Forum presented by ARTBA.
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”).
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.