Our Attorneys

Position: Member
E-Mail rstone@simmonsperrine.com
115 3rd Street SE, Suite 1200
Cedar Rapids, IA 52401-1266

Phone 319-366-7641
Fax 319-366-1917
vCard

Mr. Stone graduated from the University of Iowa with a B.A. with highest distinction, in 1975, and was the State of Iowa’s nominee for the Rhodes Scholarship. Following graduation, Mr. Stone earned an M.A. in International Relations from Columbia University. Mr. Stone earned his J.D. from the University of Iowa in 1980 with highest distinction, where the law faculty awarded him the Iowa State Bar Award as the outstanding student and graduate colleges faculty awarded him the Hancher-Finkbine Medallion as the Outstanding Graduate Student at the University. Mr. Stone served as Editor-in-Chief of the Journal of Corporation Law and research assistant to Prof. Allan D. Vestal. Following graduation, Mr. Stone clerked for the Honorable Donald P. Lay, Chief Judge of the Eighth Circuit, United States Court of Appeals.

Mr. Stone joined Simmons Perrine Moyer Bergman PLC in 1981 and began litigating construction and environmental cases. He has led the firm’s efforts to build a strong reputation and practice in both fields. Mr. Stone has represented many corporations, contractors, cities, counties, engineers and architects on hundreds of construction cases for over twenty-five years. He has handled claims of up to $100 million. He serves as general counsel to general, roofing, mechanical, electrical, excavation, concrete, masonry, paving, painting, drywall and other contractors, and architect and engineer firms. He has served as lead counsel on a wide range of construction cases, including cases involving athletic stadiums, landfills, steel plants, waste treatment plants, water plants, golf courses, storm water, ethanol plants, environmental sites, arenas, high rise buildings, offices, schools, dormitories, hospitals, hotels, churches, museums, swimming pools, coal mines, pipes, sewers, bridges, building collapse, streets, highways, domes, windows, concrete, precast, flooring, cladding, telephone, mechanical, waste transfer, HVAC, electrical, computer controls, glazing, ceramics, tile, refrigeration, drainage, excavation, demolition, drywall, mold, dikes, embankments, dams, acoustics, odor control, coffer dams, underwater, testing, geotechnical, geothermal, roofing, painting, masonry, delay, extra work, mechanic’s liens, public bonds, bidding, design errors, indemnification, and insurance.

Mr. Stone has served as an arbitrator on the American Arbitration Association’s panel of construction arbitrators for large complex cases. He has served on twelve panels of three arbitrators with claims of up to $70 million and has served as a single arbitrator on fifteen claims of up to $5 million. Mr. Stone has also served as counsel representing clients in many construction arbitrations. Mr. Stone also serves as a mediator in construction cases throughout Iowa.

In the environmental field, Mr. Stone has managed Superfund matters, chemical spills, air quality problems, permitting issues, water and wastewater cases, contaminated land sales, remediation plans, and criminal defense of corporate officers, among other matters. The State of Iowa hired Simmons Perrine to handle approximately 1000 cases involving contaminated gas station sites. The program resulted in recovery for the State of nearly $40 million, which amount exceeded original projections by about $10 million.

In 1996, Attorney General Tom Miller selected Mr. Stone and Simmons Perrine as the only lawyer and firm outside of Des Moines to serve as Special State Counsel to represent the State against the Tobacco companies. Among other activities, Mr. Stone argued the case in the Supreme Court of Iowa. Iowa and the other states successfully settled their claims in late 1998, resulting in the largest recovery in the State’s history of nearly $2 billion and substantial health related programs.

RECENT SIGNIFICANT MATTERS

1. Representing owners of approximately 100 apartment buildings damaged by tornados on insurance claims in excess of $67 million.

2. Representing the State of Iowa as private appointed counsel in a dispute over settlement payments of approximately $110 million.

3. Recently prosecuted six wrongful death claims as plaintiff’s counsel.

4. Recently prosecuted two class actions as plaintiffs’ counsel (claims of $2.7 million and $4 million).

5. Recently won two federal trials in Northern District of Iowa on construction claims in excess of $2 million.

6. Representing an owner of an ethanol facility in an arbitration claim against a design firm on claims of $5 million.

7. Representing several clean up companies on claims ranging from $1 million to $4 million on restoration and remodeling of flooded commercial buildings in Cedar Rapids.

8. Representing a mechanical contractor on claims of $2 million and $2.5 million for construction of two ethanol facilities in western Iowa.

SIGNIFICANT ENVIRONMENTAL MATTERS
9. Represented several large corporations on Superfund cleanup negotiations in Iowa, Rhode Island, New Mexico, Illinois, Indiana, Michigan, Missouri and Wisconsin.

10. Represented several corporations before U.S.E.P.A. and Iowa Department of Natural Resources on aquifer contamination by heavy metals, PCB contamination of soil, heavy metal pretreatment violations, chemical spills of fertilizer, clean up and closing of generator sites under RCRA, landfill closings, Clean Water Act violations, Air Quality Permitting applications, improper burning of waste and byproducts, landfill permit applications, and effluent limitations on cold water streams and rivers.

11. Represented the State of Iowa as private appointed counsel on approximately 1,000 claims against 12 major oil companies during a 10 year period for reimbursement of clean up costs for gasoline contamination at service station sites. Won the State of Iowa’s first trial against Amoco Oil Company on an environmental claim.
12. Defended a city on a claim for a $2.5 million equitable adjustment on computer control overruns at the Wastewater Treatment Facility.

13. Defended a corporation on $4 million cleanup claim at a power generating station in Des Moines.

14. Defended corporation President on felony charges by U.S.E.P.A. for environmental contamination.

15. Defended corporation President on criminal investigation by U.S.E.P.A. and the State of Iowa for environmental spill into the Mississippi River.

SIGNIFICANT CONSTRUCTION MATTERS
16. Defended a City on a $2 million claim for equitable adjustment on pipeline project.

17. Prosecuted claim of a City for replacement of architectural panels on a facility ($1 million)

18. Prosecuted claim of a City for repair of structural concrete beams ($1.2 million)

19. Defended centrifuge manufacturer on a claim by a City for $20 million on Wastewater Treatment Facility.

20. Defended engineers on a claim by a City for $60 million on Wastewater Treatment Facility.

21. Won a trial for contractor on $400,000 claim for a coal mine project.

22. Defended a City on a $2.2 million claim in arbitration and successfully negotiated E.P.A.’s payment of the judgment against the City.

23. Won trial defending a roof subcontractor on a claim of $500,000 for roof replacement.

24. Won trial defending a roof subcontractor on a claim for roof replacement valued at $2.4 million.

25. Won trial defending an engineering firm on a claim of $800,000 by a city on excavation project.

26. Defended engineering firm on a claim of $1.5 million over design of watershed improvements and obtained a dismissal with prejudice.

27. Defended engineering firm on a claim of $2 million for improperly designating an easement and improper platting.

28. Defended aquatics design firm on a $1 million claim for pool replacement.

29. Defended aquatics firm on a claim of $800,000 for pool defects and repairs.

30. Defended approximately 200 cases and claims of engineering and architectural malpractice.

31. Prosecuted and filed approximately 1,000 mechanic’s liens.

32. Tried in court or arbitrated over 40 construction claims.

33. Involved in approximately twenty public bidding disputes representing both cities and contractors.

SIGNIFICANT BANKING MATTERS
34. Won four jury trials on claims of lender liability against a national bank.

35. Obtained summary judgment on a claim of $550,000 against a bank for honoring checks.

36. Defended and settled approximately fifty claims of lender liability and other allegations of wrongdoing by banks.

37. Defended banks on claims of improper agricultural loan practices in 1980s.

38. Defended bank on claims by a tribe related to control and use of accounts.

39. Defended bank trust department on claim of negligence.

PUBLICATIONS
1. Author, Construction Damages in Iowa, 52 Drake Law Review 101 (2004)
2. Author, Mechanic's Liens in Iowa-Revised, 49 Drake L. Rev. 1 (2000)
3. Author, Architect's and Engineers Liability under Iowa Construction Law, 50 Drake L. Rev. 33 (2001)
4. Author, Mechanic's Liens in Iowa, 30 Drake Law Rev. 39, 1980
5. Mr. Roger W. Stone & Jeffrey A. Stone, Indemnity in Iowa Construction Law, 54 Drake L. Rev. 125 (2005)

SEMINAR PUBLICATIONS
Author: "Iowa Mechanic's Liens and Public Bonds," Lorman, 1998
Author/Lecturer: Construction Lien Law, Lorman Business Services (1997, 1998, 2000, 2001)
Author/Lecturer: Design Professional Issues - Professional Liability Concerns, Holmes Murphy (1999)
Author/Lecturer: Iowa Construction Law, Lorman Business Services (1999, 2000, 2002)
Author/Lecturer: Construction Claims in Iowa, Lorman Business Services (2003)
Author/Lecturer: Iowa Construction Law, National Business Institute (2003)
Co-author: "Iowa Construction Law" National Business Institute, 1987
Co-author: "Iowa Construction Law: What Do You Do When," NBI, 1998

COMMUNITY INVOLVEMENT
Mr. Stone has served as Chairperson of the Cedar Rapids Area Chamber of Commerce, a director on the Priority One Board, a director and President of the Cedar Rapids Country Club, President of the Cedar Rapids Art Museum, and has served on other community and church boards. Mr. Stone serves as Managing Partner of the firm and Chair of its Board of Directors.

Place of Birth

Dakota City, Iowa

Saturday, March 07, 2009

Iowa Supreme Court Cites Roger and Jeff Stone's Article on Indemnity

The Iowa Supreme Court's recent decision on construction indemnity cited Roger W. and Jeffrey A. Stone's article on "Indemnity in Iowa Construction Law," 54 Drake Law. Review 125 (2005) as authority for its decision. The March 6 opinion in Wells Dairy, Inc. v. American Industrial Refrigeration, Inc., No. 06-1018, cited the law review article in two places in its discussion of contractual and equitable indemnity. The case has far reaching implications for claims of indemnity against architects and engineers, an area in which the firm has practiced extensively for over thirty years.