Jodie Clark McDougal

Jodie is a construction and real estate attorney who handles both litigation and transactional matters for her clients within the construction, real estate and landlord/leasing industries in Iowa and beyond.

In her construction work, Jodie counsels clients within the commercial and residential construction industries including general contractors; homebuilders; construction management companies; architectural, engineering and other design professional firms; subcontractors; material suppliers; and property owners and developers.

In Iowa’s construction industry, Jodie is regarded as among the most knowledgeable attorneys on mechanic’s lien law. Jodie serves as Chair of the Construction Law Section of the Iowa State Bar Association (ISBA). She acts as general counsel for multiple construction industry associations.

In her real estate work, Jodie represents commercial and residential landlords and property management companies, real estate buyers, sellers, owner-developers, realtors, and homeowner associations in transactional and litigated real estate matters. Jodie has a niche in affordable housing, representing dozens of manufactured housing community owner-operators, including several national companies.

As an active member of several construction, real estate and landlord associations, Jodie speaks regularly to industry groups and takes pride in helping to educate these industries. Also, Jodie regularly publishes articles on various construction, real estate and landlord topics and is the Iowa author of the national lien law resource LienLawOnline.com.

Jodie is general counsel for multiple landlord, construction and real estate associations, and in this role, she has spoken several times on landlord and construction matters at the Iowa State Capitol, educating lawmakers on proposed legislation. In 2012, she was selected to be part of the Iowa Attorney General’s working group of attorneys that drafted, reviewed and finalized the administrative regulations relating to Iowa’s New Lien Law.

Construction

Jodie’s range of expertise allows her to act as general counsel for her construction and design industry clients, assisting them with everything from contract negotiations to post-project litigation, and everything in between. Her construction law and litigation experience include:

• Mechanic's lien law and litigation
• Iowa Code Chapter 573 claims for public projects (i.e., public improvement claims/bond claims)
• Construction contract negotiation for commercial and residential construction projects, including AIA, ConsensusDocs, EJCDC and DBIA contracts
• Handling pre-litigation disputes and otherwise advising companies regarding disputes that arise during projects, including situations involving AIA Claims, Initial Decision Maker decisions, Change Order disputes, liquidated damages claims and contract termination and/or extensions
• Litigation/arbitration matters involving allegations of negligent work and/or defective products, negligent design claims, mechanic's liens, Chapter 573 (public project) claims, breach of contract claims, warranty claims, water intrusion and mold claims, bond claims and collection matters
• Acting as general counsel for various construction and design companies and advising them as to their various contract, dispute, best practices and other questions that arise throughout their various projects

Real Estate

Jodie represents real estate buyers, sellers, owner-developers, realtors, and homeowner associations in transactional and litigated real estate matters. Her real estate law and litigation experience include:

• Mechanic’s lien matters
• Homeowners’ association issues, including collection of delinquent assessments, enforcement of covenants, and preparation and amendment of association rules and covenants
• Breach of purchase agreement disputes
• Negotiation of real estate purchase and sale contracts for sellers and purchasers
• Obligations of realtors and other realtor issues
• Mandatory seller disclosure claims and claims of pre-existing water and/or mold problems
• Nuisance actions involving municipalities
• Drainage-related matters
• Subdivision-related work
• Enforcement of installment contracts
• Infringement of property ownership rights by an adjacent landowner

Landlord

Jodie represents commercial and residential landlords and property management companies. She has a niche in affordable housing, representing dozens of manufactured housing community owner-operators, including several national companies. Her work includes:

• Drafting and negotiating residential and commercial lease agreements and other forms and policies (e.g., installment sale contracts for manufacturing homes, pet policies, application forms, etc.)
• Advising landlords on legal issues under Iowa Code Chapter 562A (Uniform Residential Landlord and Tenant Act)
• Advising landlords on legal issues under Iowa Code Chapter 562B (Mobile Home Parks Residential Landlord and Tenant Act/Manufactured Home Communities)
• Handling pre-litigation landlord-tenant disputes
• Defending HUD, Fair Housing Act and other housing discrimination complaints
• Litigating matters including breach of lease agreement, enforcement of landlord liens, FED actions, collection actions, actions involving abandoned mobile homes, matters involving the alleged breach of the implied warranty/covenant of quiet enjoyment, guaranty disputes, and private nuisance disputes

As an active member of several real estate and landlord associations, Jodie speaks regularly to industry groups and takes pride in helping to educate these industries. She often publishes articles on various landlord topics. Jodie is general counsel for multiple landlord and real estate associations, and in this role, has spoken several times on landlord and real estate matters at the Iowa State Capitol.

Education

• James E. Rogers College of Law, University of Arizona, J.D., 2004
• Iowa State University, B.S., 2001

Admissions

• Iowa, 2004
• U.S. District Court for the Southern District of Iowa, 2004

• Best Lawyers in America, Construction Law, 2016-2024
• Great Plains Super Lawyers Rising Star, Construction Litigation, 2013-2023
• Reader’s Choice Award Top Author, Real Estate, JD Supra, 2021
• Young Professional of the Year, Home Builders Association of Greater Des Moines, 2020
• Friend of Nursing Award, Iowa Nurses Association, 2013

Professional Activities

• Iowa State Bar Association, Member, Construction Law Section Council, 2017-present
• Iowa State Bar Association, Vice-Chair, Construction Law Section Council, 2019-2021
• Iowa State Bar Association, Chair, Construction Law Section Council, 2021-2023
• Polk County Bar Association
• Master Builders of Iowa
• National Association of Home Builders
• Home Builders Association of Greater Des Moines (HBA), Board Member
• Home Builders Association of Iowa
• HBA’s Professional Women in Building Council
• Iowa Manufactured Housing Association
• American Apartment Owners Association
• American Institute of Architects (AIA Iowa)

Community

• Girl Scouts of Greater Iowa, Former Board Member
• Project SOAR, Former Mentor
• Leukemia Society of America, Former Volunteer
• Make a Wish Foundation, Former Volunteer