The Construction Counselor

On May 29, 2026, construction attorneys Jodie McDougal and Brandon Underwood of Fredrikson presented at the Iowa State Bar Association’s Annual Construction Law Seminar. McDougal and Underwood presented an annual update on major Iowa court decisions in the area of construction law from the prior year, as well as an update from the 2026 legislative session regarding new construction laws.

On May 23, the Iowa Court of Appeals issued its ruling in a case centered on interpretation of a commercial sub-subcontractor pre-lien notice requirement under Iowa law in the matter of C&S Lease Services v. Northern Natural Gas Company.

Lower-tiered subcontractors must comply with specific notice requirements under Iowa law to preserve their rights to later file a mechanic’s lien or a Chapter 573 Claim against the owner’s retainage for nonpayment.

It has long been the rule that a general contractor does not owe a duty of care to employees of subcontractors absent some exception. However, that rule has not always been consistently applied by district courts and juries.

Based on recent events, landlords and contractors have expressed concerns about what to do if ICE attempts to enter their worksite, apartment complex or other rental property. We want to provide landlords and contractors with some basic resources to address these concerns.

Residential contractors in Iowa must comply with a wide range of laws and regulations governing their work. It is important for residential contractors to be aware of their legal requirements to ensure compliance and avoid costly penalties. Lost in the numerous legal requirements are a few laws that residential contractors may unintentionally overlook.

Please note the linked Fredrikson article regarding recent developments in U.S. tariffs and trade restrictions. While the article provides an overview of broader economic impacts, these changes also have direct implications for the construction industry.

Effective July 1, 2025, Iowa’s new home inspection law implements new legal requirements for the home inspection industry. While there is likely more that can be done in regulating home inspections for the protection of sellers and buyers, the Iowa Code now clearly defines who is qualified to perform inspections, sets conflict-of-interest prohibitions for inspectors, and establishes detailed disclosure and reporting requirements. 

Under OSHA’s Multi-Employer Citation Policy, multiple employers on a shared jobsite can be cited for the same alleged OSHA violation. Notably, general contractors can be cited even if their own employees were not directly involved. Understanding this policy is essential for managing risk and maintaining compliance.

On July 30, 2025, the Iowa Supreme Court granted a landlord’s application for discretionary review of a district court order that affirmed the dismissal of forcible entry and detainer action against a tenant who was holding over following termination of her lease for failure to cure her nonpayment of rent.