Jeffrey A. Stone

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 2. Electrical utilities 3. Water treatment plants 4.  Wastewater treatment plants 5. Interceptor sewers

6. Ports 7. Casinos 8. Highways and streets 9. Parking garages 10. Residential construction

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 2. Dams 3. Landfills 4. Parking garages 5. Building collapses 6. Chemical laboratories; 7. Mechanical systems 8. Sanitary sewers

9. Storm sewers 10. Detention basins 11. Surveys 12. Schools and gymnasiums 13. Pools 14. Cladding 15. Elevators

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.

Recruiting 

Mr. Stone also serves as the firm's recruiting attorney.

Honors & Awards

• Included in Great Plains Super Lawyers Rising Star list, 2014 - 2016

Memberships

• Iowa State Bar Association
• Linn County Bar Association
• The Association of the Bar of the United States Court of Appeals
  • Eighth Circuit

Presentations

• 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

Publications

• 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)

Notable Matters

• 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