Jason M. Smiley

Partner - Rapid City

Contact 6053421078 (605) 342-9503

Jason Smiley is a partner of Gunderson Palmer Nelson Ashmore, LLP in Rapid City, SD. He is a member of the firm’s Executive Committee. He practices in Construction Law, Real Estate, Personal Injury, Civil Litigation, and Insurance Defense. Jason understands that each client’s concerns and objectives are unique.

As counsel for the Associated General Contractors of South Dakota, Jason provides legal assistance to the largest commercial contractor group in South Dakota. Jason’s Construction Law practice includes representation related to construction defects, surety bonds (Miller Act), breach of contract claims, extra work, change of conditions, and mechanics’ liens.

Jason represents contractors, subcontractors, owners, and design professionals related to construction law disputes. This includes representing those involved in commercial and residential construction projects, such as residential development, and multi-family housing. This also includes heavy highway and utility projects. 

Jason’s Real Estate transactional work includes all aspects of real estate development and construction, including title work, purchase documentation, planning and zoning, construction contracts, financing, and other related matters.

Jason’s broad background in Civil Litigation makes him well qualified to assist clients in difficult situations, and he has represented clients on a wide range of complex issues. He has an AV rating from Martindale Hubbell.

Jason is a graduate of Black Hills State University and earned his Juris Doctor from the University of Wyoming. Jason was awarded the Outstanding Trial Student and the Defender's Aid Program's Outstanding Student while in law school. He worked as a law clerk after law school for the Fourth Judicial Circuit in South Dakota.

Jason is married to his wife Darby, and they are the proud parents of two children. He enjoys skiing, pheasant hunting, fishing, golfing, hiking, reading and an opportunity to vacation by the sea.

Audrey Belitz
(605) 342-1078

Vikki Kelner
Certified Litigation  Paralegal
(605) 342-1078


  • University of Wyoming, J.D. - 2002
  • Black Hills State University, B.A. - 1999 

Admitted to the Bar

  • State of South Dakota - 2002
  • State of Wyoming - 2004
  • State of North Dakota - 2019


  • Law Clerk, Fourth Judicial Circuit Court, South Dakota - 2002

Professional Memberships

  • Associated General Contractors of South Dakota; Counsel
  • South Dakota Trial Lawyers Association
  • South Dakota Defense Lawyers Association; Board of Directors, 2013–2015
  • Black Hills Home Builders
  • State Bar of South Dakota; Commissioner, 2010–2013
  • Wyoming State Bar
  • North Dakota State Bar 
  • ABA—Construction Forum 
  • Pennington County Bar Association
  • Black Hills Lacrosse - Board Member 

Contact Rapid City

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