Marty graduated as the top ranked senior in the Construction Engineering Department from Bradley University in 1980. After eight years of working for engineering/contractors and engineering consultants, Marty finished law school and started his practice in Ohio and later in Florida. In 1997 he returned to his hometown of Des Moines to continue his practice. With his construction background, Marty has represented owners, design professionals, general contractors, subcontractors and suppliers in all aspects of construction matters. Marty is one of a small number of attorneys in Iowa and elsewhere with a construction/engineering degree that serves him well in construction matters.
- Prepare professional service agreements for the hiring of design professionals for public and private projects.
- Representation of builders and developers in pursuing defective material claims against manufacturers.
- Representation of owners in defending claims of contractors involving changed site conditions and additional work.
- Defense of material suppliers and manufacturers regarding claims of defective materials.
- Preparation of bid documents and contracts for multi-million dollar construction projects.
- Representation of owners in claims against builders including defective construction, breach of warranty and delays.
- Claims against owners and design professionals related to delays, loss of revenue, and added construction costs.
- Defense of general contractors in claims of defective construction and cost overruns.
- Prosecution and defense of claims related to mechanics liens for both commercial and residential projects.
- Construction litigation in state and federal courts and arbitration before American Arbitration Association and other private alternative dispute resolution providers.
Marty also represents business owners in a variety of matters. Marty’s business practice includes business formation, mergers and acquisitions, commercial transactions, dispute resolution, and advice on day-to-day operational matters. Marty frequently provides guidance in the following matters: deciding what form of business to start and the requisite organization documents that protect the owners and the business; assistance in navigating the complicated process of an asset or stock acquisition; shareholder agreements; employment and non-compete agreements; purchase order terms and conditions; and a wide variety of other commercial contracts and agreements.
- Advice and counsel to businesses leading to the selection of business entities such as corporations and limited liability companies. Draft articles of incorporation, operating agreements, by-laws, corporate resolutions and minutes, and other documents to create new businesses.
- Representation of buyers and sellers in asset and stock acquisitions – perform due diligence, and prepare acquisition agreements, bill of sale, general assignment and assumption agreements, intellectual property assignment agreements, escrow agreements, employment agreements, noncompete agreements, promissory notes, confidentiality agreement, guarantees, security agreement, and accompanying schedules and exhibits.
- Prepare buy-sell agreements for stockholders of small businesses and also prepare stock incentive agreements for employees.
- Prepare noncompete agreements and confidentiality agreements for various employers. Assist businesses in implementing programs to protect trade secrets and proprietary information.
- Representation of business owners to enforce noncompete agreements and claims pursuant to uniform trade secret act.
The firm’s commercial real estate practice includes acquisitions, leases, refinancing, and development. Marty has provided legal counsel on transactions over $40 million, but he recognizes that no matter the size of the deal it is still very important to each client to receive timely and thorough legal services.
- Preparation and review of complex purchase agreements and coordination of all steps leading to closing of the transaction.
- Representation of owners of commercial property in matters including development, conversion to condominiums, and subdivision.
- Preparation and review of complex commercial leases for property owners.
- Review and preparation of loan agreements and all related documents concerning financing and refinancing of multi-million dollar transactions.