The Construction Counselor

On Wednesday, April 10, 2024, Governor Kim Reynolds approved Senate File 455. This new law limits the ability of cities and counties to regulate topsoil and stormwater on construction sites.

The construction industry continues to face challenges in securing qualified workers for their projects, with some companies turning to staffing agencies and temporary workers to solve this challenge. Companies turning to this solution need to be aware of the unique legal and practical considerations of doing so, as illustrated in the recent Iowa Court of Appeals case of Calabretto Building Group v. Tradesmen International, LLC,.

With the rise in construction projects that are audited, it is important for owners, general contractors and subcontractors of all tiers to understand both the basics and specific concepts regarding construction audits and seek legal counsel as needed.

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 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.

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.

In the last several months, I have heard from many homebuilders and general contractor clients regarding the substantial increases in the cost of lumber and other materials; HBA Iowa reports about an 80 percent increase in lumber costs since mid-April.

On February 7, 2020, the Iowa Supreme Court issued a final decision in Standard Water v. Jones, a long-standing residential mechanic’s lien case stemming back to a 2013 mechanic’s lien.

On February 14, 2020, the Iowa Supreme Court issued decisions in three companion cases involving residential contractor, 33 Carpenters Construction, affirming the Court of Appeals’ decisions against such contractor.