Stoll Keenon Ogden PLLC | Advertising Material

Stoll Keenon Ogden PLLC | Advertising Material

Construction Law

Contact a Construction Law Attorney


Stoll Keenon Ogden’s Construction Law practice has substantial knowledge and experience representing homeowners, business owners, developers, contractors, subcontractors and insurance companies in matters involving a spectrum of construction law issues.

We also work with other firm practices on other general business needs such as employment and business formation.

Our attorneys represent clients in the following areas:

  • 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

Work Highlights

Success in Construction Litigation

SKO successfully obtained a complete dismissal of a client in a multi-million dollar apartment construction litigation in Ohio. After reviewing the complaint, SKO saw an early opportunity to file a motion to dismiss all claims alleged by the plaintiff against SKO’s client. The Ohio court agreed with the reasoning set forth in the briefing and granted the motion to dismiss in its entirety resulting in the complete dismissal of our client from the action, leaving the other corporate defendants to defend the against the plaintiff’s claims.

Business Litigation Claims

Lead counsel representing manufacturer-supplier of equipment supplied to multi-billion dollar nuclear waste processing facility regarding claims against client for alleged latent defects in products and in related claims against prime contractor for amounts due under contract.   Case settled after multiday mediation.   CB&I Areva Mox Services, LLC v. Flanders Corporation, Civil Action No. 1:18-00052-TLW (U.S. Dist. S.C.).

Construction Claim by Developer

In one of Louisville’s up and coming neighborhoods, a developer was left with a defective venue, resulting in SKO filing a lawsuit on behalf of the developer against several subcontractors and arbitration was initiated against the general contractor. Issues included improper design, failure to adhere to specifications and generally poor workmanship.  After investigation and discovery, SKO successfully settled the matter on terms that resulted in the developer recovering nearly 20% of its purchase price back from the contractors.

Construction Claim by Homeowner

After a construction remediation project left the homeowners with a terrible odor in their home, SKO filed a lawsuit on behalf of the homeowners against the general contractor and a subcontractor, among other defendants. SKO settled the lawsuit on extremely favorable terms to its client, recovering over $500,000 in their favor, which was actually greater than the appraised value of the home.

Construction Litigation Pursuit

SKO successfully recovered a substantial amount of money on behalf of its client, an owner of senior care facility, in a construction defect case. SKO filed claims on behalf of its client against the general contractor, subcontractors and suppliers, ultimately settling on confidential terms that provided a net recovery close to SKO’s client’s demand for recovery.

Construction Litigation Defense

SKO defended a general contractor in claims brought by the owner relating to a multi-billion dollar project in Canada involving the construction of a hydroelectric generating facility. Litigation took three years but after multiple settlement negotiations, SKO’s client successfully settled the case for a fraction of the amount demanded by the owner.

Construction Law

Successful representation of certain high-profile jockeys in their widely publicized efforts to wear advertising logos during thoroughbred horse races in the Commonwealth of Kentucky, most notably the Kentucky Derby.

Related Practices: Construction Law

Real Estate and Construction Finance – Multi-Purpose Commercial Space

Represented bank client in connection with its financing of a $100 million multi-purpose development located in downtown Lexington. The project included the construction of an underground parking garage, office building, residential suites and commercial space.

Real Estate Finance – Medical Office Building

Represented bank client in the documentation, negotiation and participation of a $48 million credit facility used by the borrower to finance the construction of a pediatric hospital owned and operated by an affiliate of the University of Louisville.  SKO represented the bank in the subsequent semi-permanent financing for the credit facility, which was closed in April 2017, and is currently serving as both bank and bond counsel in connection with the conversion of the existing credit facility to a tax exempt facility.

Real Estate Finance – New Market Tax Credit Financing

Represented bank client in connection with financing to a national non-profit organization utilizing new market tax credits to finance the construction of an 80,000 square foot facility including a primary care health facility, youth and community outreach venues, health and wellness areas, and administrative offices in Evansville, Indiana.

Real Estate Finance – Multi-Family

Represented bank client in the documentation and negotiation of a $26 million credit facility used by the borrower to finance the acquisition, improvement and construction of a multi-unit apartment complex located in Jeffersonville, Indiana.

Building Dispute/Injunctive Relief

Home Depot, U.S.A., Inc. v. Saul Subsidiary I Limited Partnership, Ky. App., 159 S.W.3d 339 (2005)

Represented owner of Lexington Mall and obtained injunction requiring Home Depot to remove its store and restore the Mall structure because Home Depot violated restrictive covenants; case settled.

Zone Change for Mixed-Use Development

SKO represented clients in the acquisition, zone change, development plan approvals, and all related permitting for a 50-acre Mixed-Use Development including retail, office space, and multi-family residential uses.

Related Practices: Real Estate, Construction Law


Represent independent franchisees in financing, franchisor relationships, contracting, construction, leasing and related matters.

Related Practices: Construction Law

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.


Associated General Contractors of Kentucky