Roger Stone was recently elected as the first Iowan to the American College of Construction Lawyers, a prestigious group of 180 of the nation's top construction lawyers. Roger was recently named as one of the Top Ten Superlawyers for the State of Iowa. He also was honored as Construction Litigation--Lawyer of the Year for Cedar Rapids by Best Lawyers and a Great Plains Superlawyer.
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 national panel of construction arbitrators for large complex cases. He has served on twenty-seven panels of three arbitrators with claims of up to $80 million and has served as a single arbitrator on twenty-five matters with 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.
SIGNIFICANT ENVIRONMENTAL MATTERS
2. 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.
3. 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.
5. Defended a corporation on $4 million cleanup claim at a power generating station in Des Moines.
6. Defended corporation President on felony charges by U.S.E.P.A. for environmental contamination.
7. 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
2. Prosecuted claim of a City for replacement of architectural panels on a facility ($1 million)
3. Prosecuted claim of a City for repair of structural concrete beams ($1.2 million)
4. Defended centrifuge manufacturer on a claim by a City for $20 million on Wastewater Treatment Facility.
5. Defended engineers on a claim by a City for $60 million on Wastewater Treatment Facility.
6. Won a trial for contractor on $400,000 claim for a coal mine project.
7. 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.
8. Won trial defending a roof subcontractor on a claim of $500,000 for roof replacement.
9. Won trial defending a roof subcontractor on a claim for roof replacement valued at $2.4 million.
10. Won trial defending an engineering firm on a claim of $800,000 by a city on excavation project.
11. Defended engineering firm on a claim of $1.5 million over design of watershed improvements and obtained a dismissal with prejudice.
12. Defended engineering firm on a claim of $2 million for improperly designating an easement and improper platting.
13. Defended aquatics design firm on a $1 million claim for pool replacement.
14. Defended aquatics firm on a claim of $800,000 for pool defects and repairs.
15. Defended approximately 200 cases and claims of engineering and architectural malpractice.
16. Prosecuted and filed approximately 1,000 mechanic’s liens.
17. Tried in court or arbitrated over 40 construction claims.
18. Involved in approximately twenty public bidding disputes representing both cities and contractors.
SIGNIFICANT BANKING MATTERS
2. Obtained summary judgment on a claim of $550,000 against a bank for honoring checks.
3. Defended and settled approximately fifty claims of lender liability and other allegations of wrongdoing by banks.
4. Defended banks on claims of improper agricultural loan practices in 1980s.
5. Defended bank on claims by a tribe related to control and use of accounts.
6. Defended bank trust department on claim of negligence.
Place of Birth
Dakota City, Iowa
Saturday, September 29, 2012
17 Firm Attorneys Named to Great Plains Super Lawyers
Saturday, October 29, 2011
Four Firm Attorneys Receive New Best Lawyers Recognition
Four Simmons Perrine Moyer Bergman lawyers have received recognition from Best Lawyers in a new category of recognition: its "Lawyer of the Year" for Cedar Rapids in select practice areas. Scott Bogguss received the recognition for Trusts and Estates; David Kubicek for Real Estate Law; Eric Lam for Bankruptcy; and Roger Stone for Construction Litigation.
Saturday, November 27, 2010
Roger Stone Elected to American College of Construction Lawyers
Simmons Perrine Moyer Bergman congratulates Roger W. Stone on his election to the American College of Construction Lawyers. Roger is the first Iowan to be elected to this prestigious college. The American College includes 180 lawyers from around the nation who practice largely in the area of construction law and litigation.
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.
University of Iowa: (B.A., with highest distinction 1975; J.D., with highest distinction 1980)
Columbia University: (M.A., Political Science, 1977)
ADMITTED TO PRACTICE (STATE)
ADMITTED TO PRACTICE (FEDERAL)
MEMBERSHIPS, OFFICES & COMMITTEE ASSIGNMENTS IN BAR ASSOCIATIONS
Linn County Bar Association
Iowa State Bar Association
MEMBERSHIPS, OFFICES IN PROFESSIONAL ORGANIZATIONS & APPOINTMENTS