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Construction

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Overview

Every project in the construction industry requires comprehensive and creative thought, mastery skills, and appropriate sequential processing of layered steps in order for a plan or idea to become a reality. Financial planning, complex zoning regulations and careful, precise logistics are at the forefront of every undertaking.

Given the continuously-evolving nature of construction, the challenges facing professionals in the industry can be overwhelming. The economic climate, environmental regulations and government legislation can make any project seem insurmountable. Stoll Keenon Ogden takes all these factors into consideration and has thorough experience in the diverse legal issues involved in nearly every sort of construction project.

We represent business owners, developers, contractors, subcontractors, insurance companies and homeowners in matters involving a spectrum of construction law issues. Our skilled attorneys also work with their colleagues in other legal disciplines to address clients’ general business needs such as employment and business formation.

Some of our work includes the following:

  • Construction contract drafting and negotiation
  • Commercial, residential and government construction contract disputes
  • Mechanics’ and materialman’s liens
  • Insurance coverage issues related to construction
  • Performance and payment bond disputes

Regardless of the situation, our mission is to work with all parties involved to ensure that a project reaches its goal as quickly as possible with minimal interruption. Our projects include large real estate developments; small and large commercial buildings and complexes; and individual site developments.

We always remember our clients’ financial situations and work with them to develop a plan that meets their current and future needs. SKO also knows how important deadlines are to the industry, and we make it a priority to deliver solutions with the utmost regard for efficiency and effectiveness.

Work Highlights

Sales and Use Tax

Successfully defended clients against sales and use tax audit assessments saving clients in excess of $3 million.

Related Practices: Tax

Planning

Advised client with respect to like-kind exchanges of multiple properties under Section 1031 of the Internal Revenue Code involving exchange proceeds in excess of $17 million.

Related Practices: Tax

Motor Vehicle Accident: Negligent Failure to Maintain Construction Site

Successfully represented an operator of motor vehicle, who suffered serious injuries in an accident caused by road construction crews’ failure to use proper signage. Matter settled prior to trial.

Drafting Form Construction Contracts & Documents

SKO has assisted a governmental client with revising its construction contract forms and documents to update them to current standards and circumstances.

Distributorship Agreement; Substantial & Common Law Damages

SKO represented an international manufacturer of construction equipment in a lawsuit concerning a challenge by a distributor to a termination of a distributorship agreement and claims for substantial statutory and common law damages as well as injunctive relief to require rescission of the termination. At the outset of the dispute, SKO was successful in having an action filed by the distributor dismissed and allowing the litigation to proceed in federal court in Kentucky. SKO later obtained a summary judgment ruling in the manufacturer’s favor on all counts. This federal action involved potential major implications for the manufacturer and its relationship with its distributors around the world.

Industry Involvement

Associated General Contractors of Kentucky

American Bar Association, Construction Litigation Committee

American Bar Association, Forum on the Construction Industry

Kentucky Bar Association, Construction Law Section

Publications