The growth of our firm has paralleled the growth of Louisville which is evident in our city’s vibrant construction industry. The Goldberg Simpson Construction practice serves the areas of construction and procurement law led by an attorney with both engineering and field construction experience, and staffed by attorneys with an understanding of this complex industry. This practice represents general contractors, construction owners, sureties, suppliers, and a wide variety of specialty subcontractors. From the standard specifications to bidding support, to administration of contracts, to litigation, we offer a complete spectrum of legal services to the industry.
Our attorneys have been professionally trained and certified as construction arbitrators and construction mediators in addition to maintaining traditional litigation and arbitration practices. We endeavor to use all forms of alternative dispute resolution to bring rapid closure to construction related disputes without getting bogged down in the delay and expense of a trial.
Representative Construction Experience
Attorneys formally trained as construction arbitrators and mediators, with engineering and construction experience:
federal procurement specifications ▪ environmental compliance ▪ contract documents ▪ contract administration ▪ litigation in state and federal trial and appellate courts ▪ government agency practice ▪Federal Boards of Contract Appeals and the United States Claims Court
Representative Construction Clientele
Public and private owners and developers ▪ General contractors ▪ Construction trade associations ▪ Specialty subcontractors (Electrical, Mechanical, Roofing, Interior finish) ▪ Material and equipment suppliers ▪ Construction sureties ▪ Liability insurance carriers
Members of this practice section are frequent authors and lecturers and are active in a number of professional and trade organizations serving the construction industry.
- Full range of representation for private and public construction clients
- Active participation in professional societies and associations serving the industry;
- Initial contract preparation review, Pre-Construction evaluation and ongoing project management support
- Continuing professional education seminar lecturers in 17 states and the District of Columbia;
- Founding members of the Kentucky Bar Association section of Construction and Public Contract Law
Cases of Note
Smith and Tilley win construction law case for Commonwealth of Kentucky in dispute on payment to bonding company
Goldberg Simpson attorneys Stephen Smith and Sarah Tilley successfully represented the Commonwealth of Kentucky’s Finance and Administration Cabinet in action against a bonding company in connection with the construction of the Kentucky International Convention Center in downtown Louisville.
The bonding company, in seeking $837,000 from the Commonwealth for payments it made to a structural steel contractor’s lien claimants pursuant to its obligations under the payment bond, argued that the Commonwealth improperly assessed liquidated damages against the contractor. Pursuant to the contract between the Commonwealth and the contractor, the Commonwealth was entitled to assess liquidated damages in the amount of $3,000 per day for the contractor’s delay in reaching substantial completion and final completion. The Commonwealth put forth evidence that the contractor’s 91-day delay in reaching substantial and 109-day delay in reaching final completion caused the Commonwealth to incur actual damages. Smith and Tilley argued that, because the liquidated damages were properly assessed by the Commonwealth, it was only required to release the $3,311.76 that had been earned and unpaid to the contractor.
After a three-day bench trial, the Franklin Circuit Court issued its findings of fact and conclusions of law finding that the Commonwealth properly assessed liquidated damages against the contractor and ruling that the Commonwealth was only required to pay $3,311.76 to the bonding company.
The Q&A Series takes a look at Alternative Dispute Resolution with Steve Smith of Goldberg Simpson’s Construction & Insurance Defense Group. Watch as he explains facilitative mediation, discusses why someone may choose for mediation over litigation, and how mediation is handled in the construction community.