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:
He has represented a great many contractors and subcontractors:
HVAC and mechanical contractors
Plumbers and pipefitters
In addition, Mr. Roberts has litigated disputes involving
Concrete and precast concrete
Dikes and levees
Elder housing and care facilities
Environmental discharge or contamination
Streets, highways and other public improvements
Waste treatment plants
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.
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.