Construction Law

The Davis Brown Construction Law attorneys represent a wide variety of clients in the construction and design industries, including commercial and residential general contractors, developers, architectural and design firms, engineers, subcontractors and material suppliers, as well as public and private property owners. This representation consists of work on a broad range of transactional and litigation matters, as well as construction projects involving educational institutions, manufacturers, health care facilities, energy facilities, restaurants, retail, housing, and others.

Transactional, Contract, and Project Administration Work

Davis Brown attorneys assist their clients within all aspects of the construction industry and construction projects. At the outset of projects, attorneys represent clients with pre-contract negotiations, construction contract preparation and review (including AIA™, ConsensusDocs™, and other types of contracts), and mitigation of risks.

For our public entity clients, Davis Brown attorneys have extensive experience as bond counsel, in the issuance of revenue bonds, and otherwise in the area of public financing of construction projects. Likewise, we work with private property owners and investors including providing counsel on tax credit projects.

We also act as general counsel to construction and design firms throughout their construction projects. This work includes assisting clients with contract amendments, change orders, payment issues, punch list issues, lien releases, environmental and civil engineering issues, and promptly resolving disputes in order to avoid post-project litigation. For our design professional clients, Davis Brown attorneys also assist them in their role as Initial Decision Makers and in their other construction administration duties.

In addition, we advise construction and design companies with all aspects of their business management including labor relations, wage hour matters, worker’s compensation, I-9 compliance for workers, tax issues, and employment matters.

Disputes and Litigation

Davis Brown attorneys prosecute for, and defend, clients in construction and design lawsuits in state and federal courts, as well as in arbitration and mediation proceedings including in the following types of matters:

  • Defense of professional liability claims for architects and engineers
  • Defense of contractors on defective workmanship, warranty, and other claims
  • Representing municipalities and private owners in construction litigation
  • Enforcement of, and challenging, mechanic’s liens
  • Enforcement of, and challenging, Chapter 573 (public project) claims
  • Mediation and arbitration of claims
  • Commercial and residential breach of contract disputes
  • Bid protests
  • Disputes regarding insurance coverage
  • Prosecution of warranty claims
  • Personal injury suits involving construction sites
  • Investigations concerning misapplication of government funds
  • Land ownership and land right disputes
  • Mold and water intrusion claims
  • Bond-related issues

Industry Knowledge

We take pride keeping construction clients educated on pertinent laws. In particular, in the lead up to the major changes in the Mechanic’s Lien Law that took effect in 2013 and since that change, Davis Brown attorneys have spoken frequently and educated their clients on the new law and compliance with it. These ongoing educational opportunities include complimentary webinars.

Finally, the firm’s construction law attorneys stay connected to the industry through membership in associations including the Master Builders of Iowa, Home Builders Association of Greater Des Moines, Home Builders Association of Ames, Home Builders Association of Iowa, and Iowa State Bar Association. Along with our industry memberships, attorneys speak regularly to association members on construction and design issues.