Simmons Perrine Moyer Bergman PLC

Construction and Design Practice


For over forty years, Simmons Perrine Moyer Bergman's construction and design practice has played a major role in Iowa and the surrounding states. Our attorneys have extensive experience in nearly every aspect of the construction industry.

Our clients: We serve architects, engineers, contractors, subcontractors, specialty trades, public entities and private and public owners.

Legal services provided:

Contract formation and administration

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, 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 condition and advanced dispute resolution. 

Business management 

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.

Professional licensure  

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

Insurance defense 

Our litigation and trial experience provides opportunities for numerous insurance companies to utilize us to 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 the performance. In part because construction law and case facts often involve related contract claims and other potentially uninsured claims, we are also frequently retained by insurance companies to provide coverage opinions. 

Bonds

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

 

Liens

Receiving quality work and materials and getting paid are of course the ultimate goals for all clients. We represent our clients in all aspects of establishing, perfecting, 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.

Mediation and Arbitration 

We have experienced attorneys specially trained and recognized at the regional and national level as expert 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 use that same experience to efficiently hear arbitration proceedings that are either contractually required and agreed upon and then enter fair and detailed decisions that are enforceable by judicial execution.

Trials  

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. Construction cases often involve a mix of contact and negligence (and other tort) claims that we efficiently evaluate whole. Our representation ranges from determining liability for finishing a project to determining liability when there is a system failure of personal injury. Our professional relationships allow us to utilize the most qualified experts for testimony on technical matters. We have experience in efficiently handling cases involved Electronically Stored Information (“ESI”) and high volume of documents. Our attorneys are well equipped to take cases to trial when a case cannot be resolved during the litigation process. We also serve our clients by making opportunities to avoiding the commencement of litigation when possible.

Projects and Issues:

We staff each matter with an experienced lawyer or lawyers, as needed, to meet the client's objectives. Our attorneys have handled a variety of matters, including major industrial, rail, manufacturing, commercial, retail, energy, water and waste water, stadiums, ethanol, residential, high rise, condominiums, electrical, mechanical, roofing, environmental, hospitals and a host of other projects.

View listing of projects and issues here.

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