Fabricated Structural Steel
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 have consulted 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.
Preventing Structural Failures Through Improved Communication of Design Intent
Prevention of structural failures is an objective that contractors, design professionals, owners, developers, steel fabricators, sureties, and construction insurers all share. Just this week an apartment building in Davenport, Iowa, partially collapsed raising concerns about persons who may be trapped inside, and the safety of those who are attempting to perform search and rescue operations in the unsound structure. Construction attorney Greg Parsons takes a look at this issue in this Stites & Harbison Client Alert.
It's Gotta Stop!
Unfortunately, racial discrimination still occurs on construction sites throughout the country. Fortunately, leaders within the construction industry are taking steps to eliminate racism and other forms of discrimination within the industry. The Equal Employment Opportunity Commission (“EEOC”) is stepping up enforcement efforts against the construction industry, as demonstrated, in part, by the EEOC’s recent $1.2 million settlement with The Whiting-Turner Contracting Company (“Whiting-Turner”) on a discrimination and retaliation claim. Construction attorney Bill Geisen takes a look at the discrimination issues in construction in this Stites & Harbison Client Alert.
Strengthening Buy America Requirements
In his recent State of the Union speech, President Biden highlighted an intention to increase enforcement of Buy America requirements for federally funded infrastructure projects. The next day, the Office of Management and Budget (OMB) issued a proposed rule and notice of proposed guidance aimed at standardizing the implementation of the Build America, Buy America provision of the bipartisan Infrastructure Investment and Jobs Act (IIJA or Act) enacted in November 2021. This proposed guidance is intended to clarify and strengthen enforcement of the Buy America requirements. Contractors pursuing and working on infrastructure projects funded by the Act need to be aware of these requirements summarized below.
Construction Law Institute 2022
Time: 7:45 a.m. - 4:05 p.m.
Embassy Suites, 1801 Newtown Pike, Lexington, Kentucky
Construction attorney Bill Geisen is the Planning Committee Chair and Steven Henderson is a speaker at the 2022 Construction Law Institute to be held October 20, 2022 in Lexington, Kentucky.