Construction and Design Practice

For over 40 years, our Construction and Design attorneys have represented architects, engineers, contractors, subcontractors, specialty trades, public entities, and private and public owners.

Construction Design Practice

At Simmons Perrine PLC, we have extensive experience in nearly every aspect of the construction industry, including contract formations, business management, liens, project issues and much more. Our depth of experienced attorneys allows us to selectively staff every case so that each receives the most qualified and efficient representation.

Our attorneys are also specially trained and recognized at the regional and national level as excellent mediators and arbitrators in all areas of the construction industry, and when necessary, defend and prosecute lawsuits and administrative proceedings at the state and federal levels, handling claims of up to $2.2 billion.

Construction and Design Services

We represent clients during contract formation by negotiating scopes of work and compensation, drafting original bid and contract documents, selecting and modifying form contract documents from the AIA and other sources, identifying and mitigating risks, counseling on insurance and bonding requirements and obtaining regulatory approval.

We also assist clients in managing legal aspects of ongoing projects in areas such as change orders, retainages, lien releases, unexpected or changes in property conditions and advanced dispute resolution.

In conjunction with our attorneys who specialize in labor and compliance, we serve our construction industry clients in ongoing and specific matters relating to general labor, wage and discrimination, workers’ compensation, labor relations, health and safety, health and other insurance and intellectual property protection.

We represent our clients in all aspects of establishing, perfecting, and obtaining waivers and resolving liens. Among the types of liens we regularly handle are mechanic’s liens on private projects under Iowa Code Ch. 572 and liens on public improvements under Iowa Code Ch. 573. Member Roger Stone’s publications on Iowa mechanic’s lien law, Mechanic’s Liens in Iowa, 30 Drake L. Rev. 39 (1980) and Mechanic’s Liens in Iowa- Revisited, 49 Drake L. Rev. 1 (2000), have been cited as authority over 4,945 times in trial and appellate judicial opinions, briefs, treatises and practice manuals.

We represent companies in obtaining and complying with performance and payment bonds, identifying bond providers, negotiating underwriting terms and mitigating risks.

We represent design professionals and specialized contractors in obtaining and defending their licenses and accreditations with public and private organizations.

We defend cases arising out of personal injuries, property damage and other losses that occur on construction projects. Claims relate to allegations of defective designs, defective materials and negligence in performance. We are also frequently retained by insurance companies to provide coverage opinions.

We have experienced attorneys specially trained and recognized at the regional and national level as excellent mediators and arbitrators in all areas of the construction industry. As mediators, we use our industry and legal experience to facilitate voluntary resolution of disputes for fair results that avoid or end litigation. As arbitrators, we efficiently hear arbitration proceedings and enter fair and detailed decisions that are enforceable by judicial execution.

We defend and prosecute lawsuits and administrative proceedings at the state and federal levels. Claims include breach of contract, fraud, contractor negligence, design professional negligence and lien rights.

We efficiently handle cases involving Electronically Stored Information (“ESI”) with high volumes of documents and utilize qualified experts for testimony on technical matters. Our construction attorneys are well equipped to take cases to trial or avoid litigation where possible.

Our attorneys have handled a variety of matters, including major industrial, rail, manufacturing, commercial, retail, energy, water and wastewater, stadiums, ethanol, residential, high rise, condominiums, electrical, mechanical, roofing, environmental, hospitals and more.

Environmental

  • We have experience in cases involving clean-up and liability for environmental contamination, landfill development, other solid waste disposal and transfer, mold liability, other industrial hygiene, odor and other nuisance control.

Public Projects

  • We represent contractors and owners on public projects that include athletic stadiums, event arenas, schools, swimming pools, streets and highways, storm sewer systems, bridges, golf courses, municipal water plants, and waste treatment plants. These projects often include specific construction issues arising out of our practice in commercial and industrial, water and drainage, utilities and energy and public liens.

Utilities and Energy

  • We represent clients providing electrical and other utility services, wind and solar farm development, ethanol plants, coal mines, developing alternative energies.

Water and Waste Water

  • We represent clients in construction that affects and is affected by water. Specific projects include cofferdams, storm water embankments and retention, dams, dikes, and other alterations of drainage.

Industrial

  • We represent clients in the construction of commercial and industrial buildings. Specific types of buildings include: stadiums, arenas, schools, dormitories, hospitals, hotels, churches, museums, high rise buildings, office buildings, domes, steel plants. In addition to general commercial and industrial experience, we have attorneys with specialized experience in specific construction issues.


Specific Construction Issues

Our attorneys have experience involving failure analysis and liability as well as contract liability in a variety of specific issues:

  • Structural: geotechnical surveys, subterranean support, foundational systems, backfill and compacting of buried structures, load-bearing system designs, and alteration of drainage
  • Climate control: HVAC, geothermal systems, piping, individual solar and wind systems
  • Roofing and weatherproofing: traditional shingle roofs, elastomeric roof systems, other alternative roof systems, window design and incorporation, cladding and other siding
  • Materials and installation: poured-in-place concrete, and pre-cast concrete systems, mortar and brick systems, glazing, ceramics, carpeting, tile and other surface coverings
  • Business infrastructure: telephone systems computer controls, acoustical material, refrigeration
  • Project Progress: Project delays, extra work claims, liquidated damages, and change orders


Residential

  • Our experience on specific issues, commercial and industrial, water and drainage, and environmental projects allows us to most effectively represent clients when comparable issues arise on residential projects.

We have represented clients in matters such as:

  • Co-trial Counsel on a recovery of $18 million for a mechanical contractor on a hospital claim
  • Co-trial Counsel on a recovery of $4 million for a mechanical contractor on an auditorium project
  • Co-trial Counsel on a recovery of $10 million for a general contractor on a hospital claim
  • Defended an engineering company on a design and licensure claim of $65 million that was settled for $2 million
  • Co-trial Counsel defending a claim on a large fertilizer project in Iowa
  • Represented a City on a liquidated damages and delay claim of $1 million
  • Represented a General contractor on hotel claim of $2.7 million
  • Represented a concrete manufacturer on a claim of defective concrete of $2 million
  • Represented an engineering company on an asbestos claim of $1 million
  • Represented a civil engineer on a claim of improper design on a $2 million loss at a student dormitory
  • Won a defense verdict on a $2.5 million claim against a roofing contractor
  • Won an arbitration award of $3.6 million for a municipal utility on a claim of faulty equipment
  • Co-counsel defending a claim for $10 million on a grain elevator collapse.
  • Defended a City on a $2 million claim for equitable adjustment on pipeline project
  • Prosecuted claim of a City for replacement of architectural panels on a facility ($1 million)
  • Prosecuted claim of a City for repair of structural concrete beams ($1.2 million)
  • Defended centrifuge manufacturer on a claim by a City for $20 million on Wastewater Treatment Facility
  • Defended engineers on a claim by a City for $60 million on Wastewater Treatment Facility
  • Won a trial for contractor on $400,000 claim for a coal mine project
  • Defended a City on a $2.2 million claim in arbitration and successfully negotiated E.P.A.’s payment of the judgment against the City
  • Won trial defending a roof subcontractor on a claim of $500,000 for roof replacement
  • Won trial defending a roof subcontractor on a claim for roof replacement valued at $2.4 million
  • Won trial defending an engineering firm on a claim of $800,000 by a city on excavation project
  • Defended engineering firm on a claim of $1.5 million over design of watershed improvements and obtained a dismissal with prejudice
  • Defended engineering firm on a claim of $2 million for improperly designating an easement and improper platting
  • Defended aquatics design firm on a $1 million claim for pool replacement
  • Defended aquatics firm on a claim of $800,000 for pool defects and repairs
  • Defended approximately 200 cases and claims of engineering and architectural malpractice
  • Prosecuted and filed approximately 1,000 mechanic’s liens
  • Tried in court or arbitrated over 40 construction claims
  • Involved in approximately twenty public bidding disputes representing both cities and contractors
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Contact Us

If you have questions regarding our construction and design law practice contact us today.

Construction and Design Practice

Practicing Attorneys

Attorney

Samuel J. Gray

Attorney

Robert S. Hatala