Mark A. Roberts graduated from the Iowa State University with a B.A, in 1989. Mr. Roberts earned his J.D. from the University of Nebraska College of Law in 1993 with high distinction. He was executive editor of the Nebraska Law Review and was admitted to the Order of the Coif.
Mr. Roberts joined Simmons Perrine Moyer Bergman PLC in 1993 and immediately began litigating a wide variety of cases. One of his early jury trials was the acquittal of man accused of first degree murder. This case involved multiple expert witnesses in the fields of molecular biology, forensics and genetics. The defense ultimately refuted the DNA evidence offered against the accused. This early courtroom success whetted his appetite to try complex cases.
Construction Law Practice:
Mr. Roberts has litigated several million dollars worth of construction related claims through jury trials, injunction proceedings, bench trials, arbitrations and mediations. His practice has included a wide variety of construction claims on behalf of design professionals, general contractors, subcontractors, suppliers, corporate and institutional owners as well as individuals. This practice has included claims from virtually every facet of the construction industry.
Mr. Roberts has defended many professionals in the following fields:
Architects
Brokers
Civil Engineers
Mechanical Engineers
Realtors
Roofing Consultants
Soils Engineers
Structural Engineers
Surveyors
He has represented a great many contractors and subcontractors:
Electrical Contractors
Excavators
General contractors
Glazers
HVAC and mechanical contractors
Landscapers
Masons
Painters
Pavers
Plumbers and pipefitters
Roofers
Tile installers
Underwater divers
In addition, Mr. Roberts has litigated disputes involving
Banking
Bonds
Churches
Cladding
Concrete and precast concrete
Delay claims
Design errors
Dikes and levees
Elder housing and care facilities
Environmental discharge or contamination
Environmental sites
Ethanol plants
Excavation
Financing
Fire damage
Flooring
Glazing
Golf courses
Hospitals
Hotels
HVAC systems
Indemnification
Insulation
Insurance
Landfills
Landscaping
Masonry
Mechanic’s liens
Mold
Museums
Offices
Painting
Public bidding
Refrigeration
Roofing
Schools
Septic systems
Sewers
Storm water
Streets, highways and other public improvements
Swimming pools
Title insurance
Turbines
Utilities
Waste treatment plants
Water plants
Wind generation
Windows
Real Estate Practice: Mr. Roberts advises realtors, sellers, purchasers, lenders, commercial landlords and tenants and others with respect to real estate transactions. His real estate practice is focused on avoiding and resolving real estate disputes. He has tried or otherwise resolved many disputes between neighboring landowners involving drainage issues, flood damage, trespass, nuisance, timber ownership/damage, surveying errors and many issues involving subdivisions. Mr. Roberts has appeared before and litigated claims against local government bodies such as cities, zoning boards and boards of supervisors. He has been involved in dozens of tax protests.
Mr. Roberts has an active practice in real estate title or financing disputes, including the representation of banks, mortgage companies and title insurance companies.
Employment Law Practice:
In addition to his construction and real estate practice, Mr. Roberts has a very active employment law practice in which he represents employers and employees with regard to their respective rights on a wide variety of claims, including non-competition agreements, ERISA, harassment claims, discrimination claims and termination of employment.
Representative Matters
Representing design professionals regarding alleged faulty construction of municipal swimming pools.
Representing an international construction firm regarding the construction of an ethanol plant.
Successful trial and appellate argument regarding Iowa’s statute on deeds in lieu of foreclosure.
Successfully defending a roofing contractor in federal court on $1.6 million dollar construction defect claim.
Obtaining summary judgment for an engineering firm accused of failure to appropriately design a subdivision.
Obtaining payment for a turbine subcontractor owed in excess of $600,000.
Representing title insurance companies regarding title defects.
Pursuing mechanic’s lien claims on two ethanol plants.
Advising international bank regarding mechanic’s liens rights.
Representing former employers and employees regarding non-compete agreements.
Place of Birth
Ames, Iowa
Saturday, October 29, 2011
Firm Attorneys Named to 2011 Great Plains Super Lawyers