We have extensive experience representing owners, contractors, construction managers, developers, design professionals, lenders, insurance and bonding companies, suppliers and sureties in all aspects of the construction process, including bidding and document preparation, contract negotiation and formation, contract performance, financing and warranty issues, OSHA compliance and guidance, mechanics' and materialmen liens, green construction and litigation and dispute resolution of claims.
BrownWinick is proud to represent a number of construction-related trade associations in Iowa and is able to provide clients with legislative lobbying expertise.
The members of the firm's Construction Law team are frequent lecturers and speakers on issues of importance to the construction industry.
Representative Cases
Des Moines Public Library v. Trabue Package Boiler Co., et. al.
Represented Trabue, which was one of five defendants sued for alleged defective construction of the new Des Moines Public Library. Trabue eventually reached a settlement with the Library, after much fact and expert discovery had taken place.
Fortune 100 company
Coordinated the environmental assessment and investigation for the construction of a headquarters for a Fortune 100 company in a downtown redevelopment area.
Breach of Contract
Successfully represented a contractor in a multi-week trial involving claims for breach of contract for the Owner's failure to pay the contractor. The Owner claimed defective work in an unsuccessful attempt to avoid making payment.
Speight v. Walters Development Co., Ltd.
730 N.W.2d 210, 2007 WL 465572 (Iowa Court App. 2007)
Construction matter involving the ability of a subsequent owner of a home to sue the original builder for implied warranty.
Virden v. Betts and Beer Const. Co., Inc.
656 N.W.2d 805 (Iowa 2003)
Construction matter denying claim of Plaintiff and finding mechanical subcontractor was not responsible for Plaintiff's injuries.
General Casualty Ins. Co. v. Exterior Sheet Metal, Inc.
2002 WL 32172280 (N.D. Iowa 2002)
Insurance coverage dispute regarding defective construction of a domed athletic facility for the University of Northern Iowa.
Ingram v. Adkins
2002 WL 31017427 (Iowa Court App. 2002)
Dispute between neighboring landowners over the extent of easements and access to properties.
Massachusetts Construction and Demolition Recycling Center
Successfully obtained an exemption ruling from the Surface Transportation Board for the construction of a rail spur in Devens, Massachusetts.
State of Iowa v. Penn-Co Construction, Inc., et al.
Black Hawk County, Iowa District Court
Represented sheet metal contractor in dispute resulting from construction of domed athletic complex for the University of Northern Iowa.
Nuckolls Concrete Services, Inc. v. City of Grimes, et al.
Polk County, Iowa District Court
Successfully obtained preliminary injunction against municipality resulting from public bidding dispute and work on public construction project.
American Concrete Products, Inc. v. City of Winterset, et al.
Madison County, Iowa District Court
Represented major concrete supplier in claims against City resulting from public construction project.
Ambuehl v. Citizens State Bank, Monticello, Iowa
1999 WL 1020424 (Iowa App. 1999)
Case involved the sale of real estate for the construction of a new bank. After the bank was built, neighboring owners sued to gain possession of the bank claiming that before the sale the seller had lost title to the former railroad right of way and that the neighboring owners were the true owners. Successfully argued that by waiting until after the bank was built that the doctrine of estoppel quieted in the name of the bank.
Negligent Construction of Dairy
Represented the owner of a dairy facility in eastern Iowa in a lawsuit against the engineer and general contractor for the negligent design and construction of the dairy.
Defective Workmanship
Represented a contractor who performed extensive remodeling work on a high school. The high school claimed the contractor's work was defective in certain respects. The case was filed in the United States District Court for the District of Minnesota, and involved extensive discovery, motions for summary judgment and mediation before settling.
Faulty Equipment
Represented one of the subcontractors in a lawsuit filed by a public owner claiming that various contractors installed a faulty heating system in the newly-constructed building.
* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and do not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.
Previous Events
- BrownWinick's HR Series - Positioning Your Business for Success in 2019 (February 26, 2019)
- The Perils and Pitfalls of Drug Testing (January 08, 2019)
- Are You Ready for OSHA to Show Up at Your Job Site? (May 17, 2017)
- Mechanic's Liens in Iowa (April 07, 2017)
- Legal Updates for Building Trades Professionals (February 10, 2017)
- ABA Forum on the Construction Industry (April 14, 2016)
- Mechanic's Liens in Iowa Under the New Rules (August 26, 2015)
- ABA Construction Forum (March 25, 2015)
- Construction Contracts & ADA Accessibility Compliance (March 10, 2015)
- Construction Contracts: Negotiating Key Provisions (February 11, 2014)
- Recent Changes in Iowa's Construction Laws and Regulations, and the Impact on Your Business (September 10, 2013)
- Employment Law Updates and Trends (August 28, 2013)
- Anti-Indemnification and the Law (April 17, 2013)
- Drug Testing 101 ... Know the Rules (April 17, 2013)
- Enforcement of Iowa's Mechanic's Lien Laws (January 08, 2013)
- Fundamentals of Construction Contracts: Understanding the Issues in Iowa (December 13, 2012)
- Major Implications in Iowa's Mechanic's Lien Laws and Their Impact on You (November 14, 2012)
- Hot Topics in HR and Employment Law (February 20, 2012)
- Remodelers Council Luncheon: Attorney Round Table (February 15, 2012)
- 2011 Legislative & Legal Changes (October 31, 2011)
- Fundamentals on Financially Managing Your Subcontractors (July 22, 2010)
- Ways to Cope with Financial Distress at Your Business (October 16, 2008)
- Legal Issues for Project Managers (February 08, 2008)
- Construction Law for Iowa Architects, Engineers & Contractors (July 12, 2007)
- Managing Construction Projects (August 30, 2006)
- Managing Construction Projects in Iowa / Selecting the Appropriate Project Delivery System (May 24, 2006)
- The Fundamentals of Construction Contracts: Understanding the Issues in Iowa (February 16, 2006)
- Gypsies, Tramps and Thieves (December 01, 2005)
- Dealing with OSHA, Insurance Coverage and Bonds (January 16, 2004)