Jodie McDougal Re-Appointed as Chair of the Construction Section Council of the Iowa State Bar Association
Fredrikson & Byron attorney Jodie McDougal has been re-appointed to serve a second term as chair of the ISBA Construction Law Section Council.
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PRIMARY SERVICES
“My passion is helping my clients with all legal and business aspects of their operations, from contracts, risk management and resolution of disputes, to defending and prosecuting their litigation matters.”
Overview
Experience
Articles & Presentations
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Honors & Education
Professional Activities
Overview
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 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.
Experience
REPRESENTATIVE EXPERIENCE
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.
Articles & Presentations
Construction Manager at Risk Project Delivery Method Now Permitted for Iowa Public Projects
July 1, 2022
By: Jodie McDougal
Effective July 1, 2022, Iowa added an alternative project delivery method to the options available to Iowa public entities–construction manager at risk, also known as CM at risk and CMAR. On July 1, SF183, an Act relating to a construction manager-at-risk commercial constructions alternative delivery method and prohibiting certain other alternative delivery methods in the public sector, became effective. This is a significant change to Iowa law. It is a welcome change for some, but not others, in the construction and design industries.
Iowa Supreme Court Issues Opinion RE: Subcontractor Preliminary Notices
June 29, 2022
On June 17, 2022, the Iowa Supreme Court rendered a decision in the Borst Brothers Const. v. Finance of America case involving a mechanic’s lien, which addressed one aspect of the pre-lien notice requirement for Iowa subcontractors on residential projects. As detailed below, the Iowa Supreme Court held that the 10-day deadline for posting of a Commencement of Work Notice on the MNLR does not apply to subcontractors when they are forced to file such notice on behalf of a general contractor or owner-builder who has failed to do so.
Victory for Iowa and National Associations of REALTORS® in Iowa Supreme Court Case
June 17, 2022
By Jodie McDougal
Iowa real estate professionals are collectively breathing a sigh of relief in light of the Iowa Supreme Court’s opinion issued on June 10, 2022, in an appellate case where the Iowa Association of REALTORS® and National Association of REALTORS®, represented by attorney Jodie McDougal at Fredrikson & Byron, were granted permission to file an amicus curiae brief.
NDAs: What to Consider Before Signing on the Dotted Line
June 13, 2022
By: Jodie McDougal
Non-disclosure agreements (NDAs) are often part of the discussions my clients have surrounding a potential construction or real estate project to protect the confidential information regarding the project and proprietary information of the parties.
Manufactured Home Community Owner-Operators Must Take Notice of New Law Now in Effect
May 26, 2022
By Jodie McDougal and Jonathon L. Schroeder
On May 17, Governor Reynolds signed HF 2562 into law, with much of the law being immediately effective as of May 17, 2022. Companies that own, operate and manage manufactured home communities (MHCs or MHC landlords) in Iowa need to take note of this new law, as the law contains several amendments to Iowa Code Chapter 562B relating to manufactured home communities.
PUBLICATIONS & PRESENTATIONS
- Frequent Contributor, Build DSM
- Frequent Contributor, HBA Iowa Blueprint
- Iowa Construction Law Insights newsletter
- Unlawful Lease Provisions in Iowa
- Iowa Water Excise Tax for Manufactured Housing Communities
- Risk Management for Iowa Contractors
- “Iowa Now Allows ‘Construction Manager at Risk’ Delivery Method for Iowa Public Projects, Business Record, September 2022
- “Construction Manager at Risk Project Delivery Method Now Permitted for Iowa Public Projects,” Iowa State Bar Association’s The Iowa Lawyer, August 2022
- “Major Change to Iowa’s Construction Law,” The Iowa Lawyer Weekly, July 1, 2022
- Presenter, “Iowa Supreme Court Case – Amanda DeSousa v. Iowa Realty, et. al.,” Coldwell Banker’s Monday Mastermind Speaking Series, May 23, 2022
- Presenter, “Case Law and Statutory Update,” ISBA Construction Law CLE, May 16, 2022
- Featured, “Mental Health in the Construction Industry,” HBA of Iowa Blueprint Newsletter, May 2021
- Presenter, Iowa State Bar Association Annual Construction Law CLE, April 2021
- Presenter, Landlords of Iowa Association Quarterly Virtual Meeting, April 2021
- Featured, “Federal Rental Assistance Funds for Landlords,” Iowa Association of Realtors Newsletter, April 2021
- Quoted, “Iowa mobile home tenants unlikely to get more legal protections after this year’s legislative session, lawmakers say,” Des Moines Register, April 2021
- Quoted, “Hard Hats Aren’t Enough,” BUILD DSM magazine, April 2021
- Author, “Mental Health in the Construction Industry,” Iowa Construction Law Insights, March 2021
- Presenter, “Iowa Construction Law,” Kirkwood Community College-Construction Management students, March 2021
- Author, “Construction-industry bills to watch in Iowa Legislature,” BUILD DSM magazine, February 2021
- Presenter as construction industry expert on SSB1006, Iowa State Subcommittee, February 2021
- Quoted, “Legislative Notes: Construction-industry bills to watch in Iowa Legislature,” Business Record, January 2021
- Author, “Construction-industry bills to watch in Iowa Legislature,” Business Record Commercial Real Estate Weekly, January 2021
- Presenter, “COVID-19 Response and Best Practices,” Iowa Manufactured Housing Association Annual Conference, November 2020
- Author, “Increased Material Costs Leave Contractors Asking About Contract Protections,” HBA Iowa Blueprint, November 2020
- Author, “Is a worker an employee or independent contractor? DOL Proposes New Rule,” Build DSM magazine, November 2020
- Presenter, “CDC Eviction Order,” Landlords of Iowa Board Meeting, October 2020
- Presenter, “Rising Costs of Lumber and Contract Protections,” National Association of Home Builders Leadership Meeting, October 2020
- Presenter, “Ruff, Ruff! Was that a dog? Avoiding Lawsuits Relating to Assistance Animals,” Iowa Association of Realtors Annual Convention, September 2020
- Author, “Implications for Iowa Landlords on Recent Iowa Supreme Court Order,” HBAI News Weekly, October 2020
- Author, “Increased Material Costs Leave Contractors Asking About Contract Protections,” Build DSM magazine, October 2020
- Quoted, “Des Moines attorney: CDC’s proposed order won’t halt all evictions,” Business Record, September 2020
- Quoted, “CDC-Issued Eviction/Foreclosure Moratorium Targeted by Lawsuits,” DSnews, September 2020
- Author, “Contracts & COVID-19,” HBA Iowa Blueprint, May 2020
- Presenter, “COVID-19 Laws and Best Practices for Contractors,” Remodeler’s Council of the
- Greater Des Moines Home Builders Association, April 2020
- Panelist, “COVID-19 Legal Panel for Brokers,” Iowa Association of Realtors, April 2020
- Presenter, “COVID-19 Laws and Best Practices for Construction Industry,” Greater Des Moines Home Builders Association, March 2020
- Co-presenter, “Statutory and Case Law Update,” Iowa State Bar Association Construction Law Seminar, March 2020
- Quoted, “Iowa House Panel Advances Protections for Mobile Home Park Residents,” Iowa Public Radio, February 2020
- Quoted, “Bills at the statehouse aim to protect mobile home park residents,” KHQA News, February 2020
- Quoted, “New regulations proposed for Iowa mobile home parks,” RadioIowa, February 2020
- Presenter, “Legal Update,” ABC Supply Co Contractor Seminar, January 2020
- Presenter as manufactured housing industry expert, Iowa Senate Public Hearing, December 2019
- Keynote speaker, “Legal Update and Fair Housing,” Iowa’s Manufactured Housing Association Annual Conference, November 2019
- Keynote speaker, “Recognizing and Avoiding Common Landlord Problems,” Landlords of Iowa Annual Convention, October 2019
- Presenter, “Risk Management,” Greater Des Moines Home Builders Association Remodelers Council, September 2019
- Quoted, “Investor firm that hiked lot rents at Iowa mobile home parks is subject of complaints in other states,” Des Moines Register, May 2019
- Author, “Contractors Must Proceed Cautiously,” Build DSM magazine, May 2019
- Author, “Contractors Must Proceed Cautiously,” HBA Iowa Newsletter, May 2019
- Quoted, “Rent hikes hit Iowa City, West Branch mobile home parks,” The Gazette, April 2019
- Quoted, “’I made myself a bull’s-eye’: Waukee man fighting mobile park rent hike gets cease-and-desist letter,” Des Moines Register, April 2019
- Co-presenter, “OSHA Training,” Ames Home Builders Association, April 2019
- Co-presenter, “OSHA Training,” Greater Des Moines Home Builders Association, February 2019
Honors & Education
EDUCATION
- James E. Rogers College of Law, University of Arizona, J.D., 2004
- Iowa State University, B.S., 2001
BAR ADMISSIONS
- Iowa, 2004
- US District Court for the Southern District of Iowa, 2004
HONORS
- The Best Lawyers in America©, Construction Law, 2016-present
- Great Plains Super Lawyers, Rising Star – Construction Litigation, 2013-present
- 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
PROFESSIONAL ACTIVITIES
- Iowa State Bar Association
- Member, Construction Law Section Council, 2017-present
- Vice-Chair, Construction Law Section Council, 2019-2021
- Chair, Construction Law Section Council, 2021-present
- Polk County Bar Association
- Master Builders of Iowa
- National Association of Home Builders
- Home Builders Association of Greater Des Moines
- Home Builders Association of Iowa
- Iowa Manufactured Housing Association
- American Apartment Owners Association
- American Institute of Architects (AIA Iowa)
COMMUNITY
- Former Board Member, Girl Scouts of Greater Iowa
- Former Mentor, Project SOAR
- Former Volunteer, Leukemia Society of America
- Former Volunteer, Make a Wish Foundation