Iowa, Nebraska, and South Dakota Law Firm News
On March 27th, Goosmann Law Firm Attorney, Anthony Osborn, will be speaking on behalf of the American Bar Association at the University of Iowa College of Law. Osborn’s presentation will focus on informing current law students of ways in which they get involved in the ABA (and, in particular, the ABA’s Construction Forum) while they are still in law school. This is just one of a series of presentations that Osborn is giving at several regional law schools.
Des Moines Contractor Required to Give Over Half of Payment Back to Attorney Anthony Osborn's Clients
A Monona County District Court Judge has ordered a Des Moines home builder to pay nearly $200,000 to Attorney Anthony Osborn's clients from Whiting, Iowa. According to the Court ruling, which followed a non-jury trial, the contractor received $375,000 from the couple but failed to complete their residence, leaving them with an incomplete home and a substantial amount of work which had to be completed by another contractor. The contractor disputed the allegations in the lawsuit, claiming, among other things, that he had been paid for services rendered and nothing more due to changes during the project which, he argued, increased the costs of construction.
A Goosmann Law Firm client was just recently issued a favorable ruling from his Iowa Supreme Court appeal. The client, an Iowa-based manufacturer, sued a New Jersey company in Iowa state court for violations of both Iowa’s unfair competition law and its federal counterpart, the Lanham Act. On appeal, the New Jersey company claimed it did not have sufficient contacts with the state of Iowa and, therefore, could not be sued in Iowa. The Iowa Supreme Court disagreed, finding that the New Jersey company’s various activities in Iowa, including among other things, its purchase of products from an Iowa-based co-defendant in the lawsuit, were sufficient to require the New Jersey company to answer the allegations in an Iowa courtroom. A complete copy of the Iowa Supreme Court appeal and it’s ruling can be found HERE.
On behalf of the American Bar Association’s Forum on the Construction Industry, Attorney Anthony Osborn will be speaking at multiple law schools, including the University of Iowa College of Law, over the next few months. The presentations are designed to educate law students regarding the opportunities available through the ABA, and encourage them to get involved in the ABA’s Construction Forum. Anthony’s practice focuses on business litigation and construction law, and he has taken on an active role within the Construction Forum and within local construction-related groups, including the Homebuilders Association of Iowa.
Last week, attorney Anthony Osborn argued two appeals before the Iowa Supreme Court.
The appeals were argued in the same day (twice the fun, per Anthony). One of the appeals involved the potential disclosure of trade secrets to our client’s lone domestic competitor, and the other appeal involved a New Jersey company that claimed it did not have sufficient contacts with the State of Iowa and therefore could not be sued in Iowa. We anticipate the Iowa Supreme Court will issue written decisions on these appeals in early 2015.
Iowa’s Online Mechanics’ Lien Registry and Additional Requirements for Filing Mechanics’ Liens on Residential Properties
Iowa has implemented an online Registry for the filing of mechanics’ liens; the Registry is located on the Iowa Secretary of State’s website. As such, mechanics’ liens are no longer filed in person at the courthouse. In addition, the Iowa Legislature has implemented new requirements which apply to residential construction projects. If you are a general contractor who will be hiring a subcontractor to provide labor or materials on a residential project, you must post a “Notice of Commencement of Work” on the online Registry within 10 days after commencement of work AND must also provide the owner with a specific written notice (which is also set forth in the new law). A general contractor who fails to follow the new procedures is not entitled to file a lien on a residential property. In addition, if you are a subcontractor on a residential project, you must post a “Preliminary Notice” to the Registry if you want to preserve your right to file a mechanics’ lien. The new rules must be followed or you will lose your lien rights. If you have any questions, please contact attorney Anthony Osborn.
Attorney Anthony Osborn of the Goosmann Law Firm has been named one of Siouxland Magazine’s 2014 Top 10 Under 40. This award is given to Siouxland professionals under the age of 40, who display enthusiasm for promoting our community. Osborn is now the third Goosmann team member to be named a “Top 10 Under 40” along with CEO and Managing Partner, Jeana Goosmann, who received the award in 2013 and Executive Director of Estate Planning, Christie Finnegan, who received the award in 2012.