115 3rd Street SE, Suite 1200
Cedar Rapids, IA 52401-1266
Mr. Stone’s practice focuses on construction law.
Mr. Stone joined Simmons Perrine Moyer Bergman PLC in 2007. His practice has focused on construction disputes. He has experience representing clients in federal court, state court, arbitrations and mediations. The specific matters that he typically handles generally fall into one or more of the following seven categories.
Quality of the Work. Mr. Stone has handled many claims arising out of disputes about the quality of the work. He has represented all of the various project participants in disputes. The disputes arose out of various projects, such as:
1. Ethanol plants
Price of the Work. Mr. Stone has experience in disputes involving claims seeking adjustments in the contract price. Mr. Stone has represented both contractors filing and owners defending claims for adjustments in the contract price based on constructive acceleration, failure of coordination on a multi-prime project, owner caused delays, damage to adjacent property, concealed conditions, extended general conditions, enforcement of liquidated damages and other circumstances.
Mechanic’s Liens/Payment Bond Claims. Mr. Stone has litigated many mechanic’s lien claims under Iowa Code chapter 572, Mechanic’s Liens, and payment bond claims under Iowa Code chapter 573, Labor and Materials on Public Improvements. Mr. Stone has represented owners, general contractors, subcontractors, sub-subcontractors and material suppliers on these claims.
Defense of Design Professionals. Mr. Stone often defends architects, engineers and surveyors against claims of professional negligence. Mr. Stone has handled more than fifty different professional negligence claims, including claims arising out of many different types of projects:
1. Highways and bridges
9. Storm sewers
General Counseling. Mr. Stone acts as general counsel for many participants in construction projects. He acts as general counsel for owners, governmental entities, general contractors, construction managers, design/builders, developers, architects, civil engineers, structural engineers, mechanical engineers, environmental engineers, surveyors, electrical engineers, roofing contractors, mechanical contractors, electrical contractors, heavy highway contractors, agricultural equipment contractors, excavation contractors, homebuilders and others. In his capacity as general counsel, he often provides advice to the project participants about the Iowa Construction Bidding Procedure Act. He also frequently advises clients regarding insurance coverage and indemnity.
Contract Drafting. Mr. Stone has drafted contract documents for many different types of construction projects. He has drafted everything from engineering-procurement-construction contracts for multi-million dollar industrial projects to purchase orders and standard terms and conditions for subcontractors.
Renewable Energy. Through his design and construction practice, Mr. Stone has had significant involvement with renewable energy projects. Mr. Stone has represented several general contractors in disputes arising out of photovoltaic solar projects. He has represented litigants in disputes arising out of the design and construction of ethanol plants, anaerobic digesters and landfill-gas-to-energy projects. He has also drafted contracts for renewable energy projects, including engineering-procurement-construction contracts, general construction contracts, design contracts and procurement contracts.
Mr. Stone also serves as the firm's recruiting attorney.
Honors & Awards
- Included in Great Plains Super Lawyers Rising Star list, 2014 - 2016
- Iowa State Bar Association
- Linn County Bar Association
- The Association of the Bar of the United States Court of Appeals
- Eighth Circuit
- Professional Liability Implications of Sustainable Design, American Council of Engineering Companies, Iowa, Spring 2011
- A Refresher on the Basic Contract Documents—Do’s and Don’ts and Changes in Iowa Law, American Council of Engineering Companies, Iowa, Spring 2011
- Self-Defense for Subcontractors, TrueNorth Companies – Construction Specialty Group, Spring 2011
- Professional Liability Implications of Sustainable Design, American Institute of Architects, Iowa, Spring 2011
- Get to Know AIA Contract Documents: A Refresher of the Basics, American Institute of Architects, Iowa, Fall 2010
- Author, The Law of Contribution and Tort-Based Indemnity in Iowa, 55 Drake Law Review (2006)
- Co-author, Indemnity in Iowa Construction Law, 54 Drake Law Review (2005)
- Mechanic’s Liens/Payment Bond Claims
- Multiple multi-million dollar claims arising out of the remediation of buildings in Cedar Rapids after the flood
- Ten different lien claims against an assisted-living facility after the general contractor defaulted
- Mechanic’s lien claims after the property had been damaged by a peril
- Payment bond claim on a law enforcement center
- Mechanic’s lien claims filed on owner-occupied property
- Contract Drafting
- Contracts for a $10 million radio communication system
- Multi-million dollar commercial office buildings and complexes
- Design services for the national headquarters of an insurance company
- Design services for $80 million data center, hospitals, and museums