Jason M. Smiley

Partner - Rapid City

Contact 6053421078 (605) 342-9503

Jason Smiley is a partner of Gunderson, Palmer, Nelson & Ashmore, LLP, and a member of the firm’s Executive Committee. He focuses his practice on Construction Law, Real Estate, 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.

Alex Malcomb
Legal Assistant
(605) 342-1078

Education

  • Law School: University of Wyoming, J.D. - 2002
  • Undergraduate School: 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

Biography

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

Representative Cases

Construction Law

  • Representation of condominium owners’ association regarding construction defect claims related to water intrusion into the building envelope.
  • Representation of municipal government involving claims by homeowners' association concerning improper road construction in residential subdivision.
  • Representation of general contractor involving claims by a governmental district related to allegedly defective water well.
  • Representation of general contractor regarding mechanic’s lien foreclosure related to water well project.
  • Representation of subcontractor regarding claims by owner concerning allegedly defective retaining wall.
  • Representation of general contractor regarding mechanic’s lien foreclosure related to road construction of a residential subdivision.
  • Representation of subcontractor regarding claims of allegedly improper soil compaction of hotel foundation.
  • Representation of subcontractor regarding construction defect claims related to water intrusion into the building envelope.
  • Representation of contractor regarding termination of retaining wall project and claims for unpaid work. 
  • Representation of contractor regarding Miller Act Claims. 
  • Representation of subcontractor regarding allegedly improper roof installation. 
  • Representation of apartment complex owner regarding construction defect claims and claims for nonpayment. 
  • Representation of general contractor in contract dispute with subcontractor regarding dam repair project.
  • Representation of general contractor in contract dispute with owner regarding retaining wall project.
  • Representation of general contractor in connection with construction of an assisted living facility regarding takeover of subcontractors’ work, defective work, and extra work claims.
  • Representation of a general contractor in connection with claims of defective construction related to the settling of a home. 

Business and Commercial Litigation

  • Representation of Fortune 500 company regarding land use dispute.
  • Representation of bank concerning claims of lender liability in relation to a large agricultural operation.
  • Representation of bank concerning claims against a credit union involving improper acceptance of financial instruments.
  • Representation of credit union regarding foreclosure of commercial properties in excess of a million dollars.
  • Representation of creditor in foreclosure of large agricultural operation.
  • Representation of debtor in foreclosure of assisted living center.
  • Representation of engineering firm related to project development costs for an ethanol plant.
  • Representation of engineering firm related to dispute with shareholder.
  • Representation of lender regarding more than one hundred mortgage foreclosures. 

Insurance Coverage Disputes

  • Representation of insurance company on multiple cases regarding claims of bad faith and first-party insurance.
  • Representation of general contractor regarding insurance coverage dispute related to allegedly defective construction.
  • Representation of residential subdivision developer regarding insurance coverage dispute involving claims of expansive soil in a residential subdivision.

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

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