Stephen D. Marso

Experience

Professional Experience

• Forty-six jury trials, bench trials, and arbitration hearings
• Eighteen appeals to federal and state appellate courts
• Arbitrator in thirteen cases for which award or dispositive ruling was issued
• Mediator in three cases
• Drafts Iowa construction-related legislation and speaks at legislative sub-committee hearings on construction-related legislation
• Drafts and reviews construction-related contracts
• Handles mechanic's liens, Little Miller Act claims, Miller Act claims, contract disputes, and other commercial and residential construction disputes such as payment, disruption, scope, delay, and defect disputes
• Handles lending, real estate, lease, cargo damage, and other commercial, business, and transportation disputes

Work Experience

• Member Attorney, Whitfield & Eddy Law
• Construction, Commercial, and Consumer Arbitrator for American Arbitration Association, 2009—present
• Chair, Whitfield & Eddy Law Construction and Surety Practice Group, 2016—present
• Co-Chair, Whitfield & Eddy Litigation Practice Group, 2008—2009, 2018—2019

Professional Activities and Affiliations

• American Bar Association (Forum on Construction Law, 2014—present)
• Associated General Contractors of Iowa (Political Affairs Committee, Leadership Academy 2011)
• Eighth Circuit Bar Association
• Fellow, Iowa Academy of Trial Lawyers
• Iowa State Bar Association (Construction Law Section, 2013—present)
• Master Builders of Iowa (Leadership Program 2010; Associate Council 2009—2013, 2017—2021; Government Affairs Committee 2009—present)
• Mechanical Contractors Association of Iowa
• Greater Des Moines Partnership Economic Development Council
• Nebraska State Bar Association
• Polk County (Iowa) Bar Association

Selected Presentations

• Co-presenter, "Construction Industry Legal Issues," Construction Financial Management Association Iowa Chapter, October 2024
• Presenter, "Iowa Mechanic's Lien Laws," Polk County Bar Association Fall CLE, December 2023
• Presenter, "Contract Provisions: the Good, The Bad, and the Ugly," client meeting, 2023
• Presenter, "Supply Chain and Other Delays Affecting Construction Industry," Construction Financial Management Association of Iowa, 2022
• Presenter, "Construction Law: Advanced Issues and Answers," National Business Institute Virtual Presentation, 2021
• Presenter, "Construction Contracts Drafting Tips, Pitfalls, and Case Law," National Business Institute Virtual Presentation, 2021
• Presenter, "Negotiating Damages in Construction Disputes," National Business Institute, Virtual Presentation, 2020
• Presenter, "Negotiating for Damages in Construction," National Business Institute, Des Moines, Iowa, June 2019
• Co-Presenter, "Bids, Liens, and Public Project Claims" Polk County Bar Association Spring General Practice CLE, April 2019
• Presenter, "Mechanic's Liens for Lenders," Iowa State Bar Association 2019 Commercial and Bankruptcy Seminar, Des Moines, Iowa, April 2019
• Presenter, "Construction Contracts" and "Understanding Subcontract Terms and Flow-Through Clauses," National Business Institute, Des Moines, Iowa, June 2018
• Presenter, "Mechanics Liens and Surety Bonds: Essential Strategies to Prepare For On Counter Claims," National Business Institute, Des Moines, Iowa, December 2017
• Presenter, "Fundamentals of Construction Contracts: Key Provisions in Subcontracts," Client Seminar, Altoona, Iowa, February 2017
• Co-Presenter, "Negotiating Damages in Construction Disputes," National Business Institute Seminar, Des Moines, Iowa, February 2017
• Co-Presenter, "Dispute Resolution and Claims in the Context of Public Contracting," U.S. Department of Transportation Bonding Education Program (BEP) with the Surety and Fidelity Association of America, October 2016
• Presenter, "Construction Law: What Do You Do With a Defective Bid? What Do You Do If You Do Not Get Paid?" National Business Institute Seminars, Des Moines, Iowa, June, 2016.
• Presenter, "Mechanic's Liens / Residential Projects" Iowa State Bar Association Construction Law Seminar, February 2016.
• Presenter, "Mechanic's Liens, Public Project Liens, Indemnity and Other Recent Statutes of Interest" Iowa Limestone Annual Convention, February 2016.
• Presenter, "Does a State Impermissibly Act as a Surety When it Guarantees Subcontractor Payments on State-Owned Projects? The Iowa Supreme Court Says 'No.'" American Bar Association Forum on Construction Law - Division 7 (Insurance, Surety, Liens) September 3, 2015.
• Presenter, "Proper Procedures for Filing Early Release of Retainage," 2015 Construction Loss Control and Safety Seminar, March 2015.
• Presenter, "Contract Resolution 101," The Design-Build Institute of America/Iowa Chapter, February 2015.
• Presenter, "Construction Lien Law in Iowa," Lorman Seminars, October 2014.
• Presenter, "Public Construction & Mechanic's Liens and Recent Statutes of Interest," American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) Cedar Valley Chapter Conference, May 2014
• Co-Presenter, "A Practical Guide to Construction Liens," National Business Institute, 2013
• Presented on various construction-related issues for clients and construction industry groups.

Seminars and Events Recently Attended

• American Bar Association Forum on Construction Law Annual Meeting, April 2024
• Iowa Academy of Trial Lawyers 62^nd Annual Seminar, February 2024
• Iowa State Bar Association Construction Law Seminar, May 2023
• Master Builders of Iowa Annual Winter Conference, February 2023
• Iowa Academy of Trial Lawyers 61st Annual Seminar, February 2023
• Master Builders of Iowa Annual Winter Conference, February 2022
• Iowa Academy of Trial Lawyers 60th Annual Seminar, February 2022
• Iowa Academy of Trial Lawyers 59th Annual Seminar, February 2021
• Master Builders of Iowa Annual Winter Conference, February 2021
• Master Builders of Iowa Annual Winter Conference, February 2020
• Master Builders of Iowa Annual Winter Conference, February 2019
• Associated General Contractors of Iowa, 97th Annual State Convention, January 2019

News

Events & Speaking Engagements