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E-FILED 2015 OCT 15 4:18 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 OCT 15 4:18 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JAN 26 3:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JAN 26 3:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JAN 26 3:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JAN 26 3:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JAN 26 3:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JAN 26 3:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JAN 26 3:20 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAR 08 11:29 AM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA018

District Court Administration


Second Judicial District
Webster County Courthouse
701 Central Avenue, 4th Floor
Fort Dodge, IA 50501
(515) 576-6336
Fax: (515) 574-3758

Bill Watson
Assistant Court Administrator
Kellie Orres
Case Coordinator
(515) 574-3752

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

Date: 03/08/2016
Case Title: JAMIE SCHONEBOOM DBA JDS CONST VS FARM CREDIT
Case No: 02811 LACV019668
Petition Filed:
RE: Notice Regarding Service
Court records indicate that return of service has not been filed in the above entitled matter.
If service, and a corresponding return of service, have not been filed within 30 days of this notice,
this matter will be referred to the court for dismissal.

/s/ Kellie Orres


--------------------------------------Designee of the Court

Clerk to provide copies or


notice of document to attorneys
of record and/or parties appearing
pro se.
Docket Code = NOOT

E-FILED 2016 MAR 15 2:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


______________________________________________________________________
JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
Plaintiff,

)
)
)
CASE NO. LACV019668
)
vs.
)
)
APPEARANCE OF COUNSEL
FARM CREDIT LEASING
)
SERVICES CORPORATION,
)
Defendant.
)
_______________________________________________________________________
COMES NOW Thomas W. Lipps, and hereby enters his appearance on behalf of
the Defendant, Farm Credit Leasing Services Corporation, in the above captioned matter.

PETERSON & LIPPS

_____________________________
THOMAS W. LIPPS
6 East State Street
P.O. Box 575
Algona, IA 50511
Telephone: (515) 295-9494
Facsimile: (515) 295-9493
Email: tlipps@petelipp.com
ATTORNEY FOR DEFENDANT

E-FILED 2016 MAR 22 12:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


______________________________________________________________________
JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
Plaintiff,

)
)
)
CASE NO. LACV019668
)
vs.
)
)
DEFENDANTS ANSWER TO
FARM CREDIT LEASING
)
PLAINTIFFS PETITION
SERVICES CORPORATION,
)
Defendant.
)
_______________________________________________________________________
COMES NOW Defendant, and for its answer to Plaintiffs Petition, states as
follows:
1.

Defendant admits plaintiff is a contractor who built a hay storage facility.

Defendant denies the balance of Paragraph 1. Defendant does not lease the hay storage
facility to Gary Langbein or Langbein Farms, Inc. and Defendant disclaims any interest
in the Langbein hay storage facility. Seee Exhbit A attached hereto.
2.

Defendant admits Farm Credit Leasing Services Corporation is a leasing

corporation with an office in Minneapolis, Minnesota and does business in Iowa.


Defendant is federally chartered and is not required to obtain authorization from the Iowa
Secretary of State.
3.

Defendant admits that plaintiff furnished material and services in

constructing the hay storage facility but denies they have a fair value of $46,385.53.
4.

Defendant denies that the charges made by plaintiff are ordinary or

customary. Defendant denies the balance of Paragraph 4 and affirmatively states that
Gary Langbein d/b/a Langbein Farms, Inc. tendered payment in the amount of

E-FILED 2016 MAR 22 12:09 PM SAC - CLERK OF DISTRICT COURT

$23,000.00 to plaintiff's lawyer on or about June 26, 2015 and that the amount tendered is
equal to or greater that any amount owed to plaintiff for material and services furnished
on the Langbein structure.
5.

Admit.

6.

Defendant denies Paragraph 6.

WHEREFORE, defendant prays that the above-captioned matter be dismissed


with costs taxed to plaintiff.

PETERSON & LIPPS

_____________________________
THOMAS W. LIPPS
6 East State Street
P.O. Box 575
Algona, IA 50511
Telephone: (515) 295-9494
Facsimile: (515) 295-9493
Email: tlipps@petelipp.com
ATTORNEY FOR DEFENDANT

E-FILED 2016 MAR 22 4:06 PM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA004

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


JDS CONSTRUCTION
JAMIE DEAN SCHONEBOOM
,
Notice of Trial Setting Conference
Plaintiff / Petitioner,

Case No: 02811 LACV019668

vs.
FARM CREDIT LEASING SERVICES
CORPORATION,
Defendant / Respondent.
A scheduling conference will be held on 04/06/16 at 10:30 AM with Kellie Orres, as District Court
Designee, pursuant to I.R.C.P 1.602.
This conference shall be conducted by telephone conference call initiated by plaintiff's counsel.
Kellie Orres may be contacted via telephone at: (515) 574-3752.
1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A party
who is not represented by counsel shall contact the Court Administrator's office (at the above phone
number) prior to the date and time of the conference call.
2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the Supreme
Court's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALL
BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN.
3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or is
substantially unprepared to participate in the conference, the Court may impose appropriate
sanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).
If this matter was filed on or after January 1, 2015, and is not exempt as per Iowa Court Rule 1.500(1)(e), then
prior to the trial-setting conference, the parties must file a Trial Scheduling and Discovery Plan, Iowa Court Rule
23.5-Form 2.

/s/ Kellie Orres


--------------------------------------Designee of the Court
Clerk to provide copies or
notice of document to attorneys

E-FILED 2016 MAR 22 4:06 PM SAC - CLERK OF DISTRICT COURT

of record and parties appearing


pro se.

E-FILED 2016 MAR 30 1:07 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAR 30 1:07 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 APR 11 10:04 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

JAMIE SCHONEBOOM dba JDS


CONSTRUCTION,
Plaintiff,
vs.

NO. LACV019668
ORDER GRANTING
MOTION FOR LEAVE TO FILE
AMENDED AND SUBSTITUTED
PETITION AT LAW

GARY LANGBEIN dba LANGBEIN


FARMS, INC.
Defendant.

The plaintiffs motion for leave to file amended and substituted petition is
granted.

E-FILED 2016 APR 11 10:04 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
LACV019668

Case Title
JAMIE SCHONEBOOM DBA JDS CONST VS FARM CREDIT
So Ordered

Electronically signed on 2016-04-11 10:04:51

page 2 of 2

E-FILED 2016 MAY 04 10:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAY 04 10:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAY 04 10:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAY 04 10:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAY 04 10:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAY 04 10:00 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAY 04 2:31 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

ORDER SETTING TRIAL AND


APPROVING DISCOVERY PLAN
Case No : 02811 LACV019668

JDS CONSTRUCTION
JAMIE DEAN SCHONEBOOM

Date Petition Filed: 10/15/15


Case Type: Civil

Plaintiff
vs.

Trial Type: Non-Jury

GARY A LANGBEIN
LANGBEIN FARMS INC

Defendant

Expected Length of Trial: 2 day(s)


The amount in controversy exceeds
$10,000: Yes

IT IS SO ORDERED:
TRIAL: Trial of this case is set for 10/25/16 at 09:00 AM in the District Court in the courthouse of
the above-named county.
A pre-trial conference shall be held upon request of the parties or by order of the Court.
DISCOVERY PLAN:
Trial Scheduling and Discovery Plan has been filed in this matter in compliance with IRCP1.507(2).
The Trial Scheduling and Discovery Plan has been completed. No additional hearings are required.
The Trial Scheduling and Discovery plan is incorporated into this order.
Settlement conference shall be held upon request.
Dated : 05/04/16
/s/ Kellie Orres

------------------------------------------------------------Judge of the District Court or Court Designee


Clerk to provide copies to counsel of record/self-represented litigants/assigned judge

E-FILED 2016 MAY 11 12:39 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

JAMIE SCHONEBOOM dba JDS


CONSTRUCTION,
Plaintiff,
vs.

NO. LACV019668
ANSWER TO
AMENDED AND SUBSTITUTED
PETITION AT LAW AND
AFFIRMATIVE DEFENSES

GARY LANGBEIN dba LANGBEIN


FARMS, INC.,
Defendants.

COMES NOW Defendants, and for answer to Plaintiffs Petition, state as follows:
1.

Defendants admit plaintiff is a contractor who built a hay storage facility on

property owned by Gary Langbein. Defendants deny that Langbein Farms, Inc is a
proper party.
2.

Defendants admit that plaintiff furnished material and services in

constructing the hay storage facility, but deny they have a fair value of $46,385.53.
3.

Defendants deny that the charges made by plaintiff are ordinary or

customary. Defendants deny the balance of Paragraph 3, and affirmatively state that
Gary Langbein has tendered payment in the amount of $23,000.00 to plaintiff's lawyer on
or about June 26, 2015, and that the amount tendered is equal to or greater than any
amount owed to plaintiff for material and services furnished on the Langbein structure.

E-FILED 2016 MAY 11 12:39 PM SAC - CLERK OF DISTRICT COURT

4.

Admit that invoices so state, but such claims are subject to plaintiffs

burden of proof and defendants defenses.


5.

Defendants deny Paragraph 5.


AFFIRMATIVE DEFENSES

BY WAY OF affirmative defenses, defendants state:


6.

Defendants intend to rely on the defense of estoppel and/or waiver.

7.

Plaintiff breached the contract.

8.

Plaintff repudiated the contract.

9.

Plaintiff performed its work in an un-workmanlike manner.

10.

Defendants tendered sufficient payment to plaintiff.

WHEREFORE, defendants pray that the above-captioned matter be dismissed


with costs taxed to plaintiff.
PETERSON & LIPPS

_____________________________
THOMAS W. LIPPS
6 East State Street
P.O. Box 575
Algona, IA 50511
Telephone: (515) 295-9494
Facsimile: (515) 295-9493
Email: tlipps@petelipp.com
ATTORNEY FOR DEFENDANTS

E-FILED 2016 MAY 13 9:22 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAY 16 4:49 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 02 2:46 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 06 10:04 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
LACV019668
Plaintiff,
v.
NOTICE OF SERVICE
GARY LANGBEIN dba LANGBEIN
FARMS, INC.,
Defendants.

COMES NOW, Thomas W. Lipps, on behalf of Defendants Gary Langbein dba


Langbein Farms, Inc., and state that he served:
Defendants Rule 1.500(1) Initial Disclosures.
on the following:
Warren L. Busch
PO Box 159
Wall Lake, IA 51466-0159
Phone: 712-664-2892
Fax: 712-664-2894
buschlaw@netins.net
by E-mail and U.S. Mail on this 25th day of May, 2016.
PETERSON & LIPPS

By:
THOMAS W. LIPPS
6 East State Street
P.O. Box 575
Algona, IA 50511
Telephone: (515) 295-9494
Fax: (515) 295-9493
Email: tlipps@petelipp.com
ATTORNEY FOR DEFENDANT

E-FILED 2016 JUN 08 3:41 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 08 3:41 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 14 11:29 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
LACV019668
Plaintiff,
v.

NOTICE OF DEPOSITION OF JAMIE


SCHONEBOOM

GARY LANGBEIN dba LANGBEIN


FARMS, INC.,
Defendants.

TO:

Jamie Schoneboom
c/o Warren L. Busch
PO Box 159
Wall Lake, IA 51466-0159

YOU ARE HEREBY NOTIFIED that the deposition of the following


witness(es) will be taken at the Sac County Courthouse/Magistrate Room, 100 NW State
St., Sac City, Iowa, as set out below on the date and time noted opposite the witness(es)
name by the attorney noted opposite the witness(es) name by oral examination before a
Notary Public or other person authorized by law to administer oaths, to be used as
authorized by the Iowa Rules of Civil Procedure.

These depositions will be

stenographically recorded by Court Reporter Robin Qualy and may be video and/or audio
taped.
WITNESS

ATTORNEY(S)

Jamie Schoneboom

Thomas W. Lipps

DATE
June 20, 2016

TIME
11:00 a.m.

YOU ARE FURTHER NOTIFIED that on the date, time and place designated
above, each deponent is requested to provide a complete copy of Jamie Schoneboom dba

E-FILED 2016 JUN 14 11:29 AM SAC - CLERK OF DISTRICT COURT

JDS Constructions (1) construction file regarding the Langbein project (2) including, but
not limited to, what Plaintiff paid for materials (3) as well as the time and payroll records
for those employees who worked on the project.
YOU ARE FURTHER NOTIFIED that this deposition may be adjourned from
time to time until complete. You are invited to attend and cross-examine this witness(es).

PETERSON & LIPPS

By:
THOMAS W. LIPPS
6 East State Street
P.O. Box 575
Algona, IA 50511
Telephone: (515) 295-9494
Fax: (515) 295-9493
Email: tlipps@petelipp.com
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE

Original to:

The undersigned hereby certifies that a true copy of the foregoing


instrument was served upon all pro se parties or their attorneys of
record in the above entitled cause, as disclosed by the record herein on
the 14th day of June, 2016 by:
U.S. Mail
Hand Delivered
Facsimile
Overnight Mail
X
Email
UPS/FedEx
X
Electronic Document
Other
Management System

Warren L. Busch
PO Box 159
Wall Lake, IA 51466-0159
Phone: 712-664-2892
Fax: 712-664-2894
buschlaw@netins.net

Signature___/s/ Wendy Schnieders___________________________

E-FILED 2016 JUN 14 2:45 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
LACV019668
Plaintiff,
v.
GARY LANGBEIN dba LANGBEIN
FARMS, INC.,

DEFENDANTS DESIGNATION OF
EXPERT WITNESSES

Defendants.

COMES NOW Defendant, pursuant to Rule 1.508 of the Iowa Rules of Civil
Procedure, hereby states his intent to call one or more of the following experts at time of
trial, or by deposition prior to trial:
Expert Name & Address

AREA OF EXPERTISE &


EXPECTED TESTIMONY

1. Gary Jackson, S.E.


Division Manager for Certified
Testing Services, Inc.
1330 North Michigan Street
Storm Lake, Iowa 50588

Has an engineering background and is


expected to testify as to the results of
his inspection and testing, which are
summarized on Document L00025. It
is expected that he will testify that the
concrete work performed by plaintiff
at defendant's property is below
professional standards.

2. Sam Brockshus
Designer, ISG
725 North Lake Street
Storm Lake, Iowa 50588-7610

Expected to testify, either by


deposition, live or by report, as to the
results of his inspection and opinions
contained in report, which appears as
Documents L00004 L00005.

3. Jason E. Hoehn, ISG


Engineer, 725 North Lake
Street
Storm Lake, Iowa 50588-7610

Expected to testify, either by


deposition, live or by report, as to the
results of his inspection and opinions
contained in report, which appears as
Documents L00004 L00005.

E-FILED 2016 JUN 14 2:45 PM SAC - CLERK OF DISTRICT COURT

4. Gary Langbein

Although a party rather than a


litigation expert, it is expected he will
testify based on his experience,
observations and reliance on reports
generated by the other experts.

Defendant reserves the right to utilize any expert called by or designated by any
other party and to designate and utilize additional and/or different experts in rebuttal.

PETERSON & LIPPS

By:
THOMAS W. LIPPS
6 East State Street
P.O. Box 575
Algona, IA 50511
Telephone: (515) 295-9494
Fax: (515) 295-9493
Email: tlipps@petelipp.com
ATTORNEY FOR DEFENDANT

E-FILED 2016 JUN 15 3:44 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 15 3:44 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 15 3:44 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 15 3:44 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUN 15 3:44 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUL 25 1:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUL 25 1:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 JUL 25 1:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 SEP 28 11:40 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
LACV019668
Plaintiff,
v.

NOTICE OF DEPOSITION OF JASON


HOEHN and SAM BROCKSHUS

GARY LANGBEIN dba LANGBEIN


FARMS, INC.,
Defendants.

TO:

Warren L. Busch
PO Box 159
Wall Lake, IA 51466-0159

YOU ARE HEREBY NOTIFIED that the deposition of the following


witness(es) will be taken at the Peterson & Lipps Law Firm, 6 East State St., Algona, IA
50511, as set out below on the date and time noted opposite the witness(es) name by the
attorney noted opposite the witness(es) name by oral examination before a Notary Public
or other person authorized by law to administer oaths, to be used as authorized by the
Iowa Rules of Civil Procedure. These depositions will be stenographically recorded by
Court Reporter Robin Qualy of Court Reporters of Iowa.
WITNESS

ATTORNEY(S)

DATE

TIME

Sam Brockshus

Thomas W. Lipps

October 12, 2016

Jason Hoehn

Thomas W. Lipps

October 12, 2016


9:30 a.m. or
when the deposition of Sam
Brockshus is completed.

9:00 a.m.

YOU ARE FURTHER NOTIFIED that this deposition may be adjourned from

E-FILED 2016 SEP 28 11:40 AM SAC - CLERK OF DISTRICT COURT

time to time until complete. You are invited to attend and cross-examine this witness(es).

PETERSON & LIPPS

By:
THOMAS W. LIPPS
6 East State Street
P.O. Box 575
Algona, IA 50511
Telephone: (515) 295-9494
Fax: (515) 295-9493
Email: tlipps@petelipp.com
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE

Original to:

The undersigned hereby certifies that a true copy of the foregoing


instrument was served upon all pro se parties or their attorneys of
record in the above entitled cause, as disclosed by the record herein on
the 28th day of September, 2016 by:
U.S. Mail
Hand Delivered
Facsimile
Overnight Mail
X
Email
UPS/FedEx
X
Electronic Document
Other
Management System

Warren L. Busch
PO Box 159
Wall Lake, IA 51466-0159
Phone: 712-664-2892
Fax: 712-664-2894
buschlaw@netins.net

Signature___/s/ Wendy Schnieders___________________________

E-FILED 2016 SEP 28 2:18 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 SEP 28 2:18 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 SEP 28 5:39 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 03 3:56 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
LACV019668
Plaintiff,
v.
GARY LANGBEIN dba LANGBEIN
FARMS, INC.,

AMENDED NOTICE OF DEPOSITION


OF JASON HOEHN and SAM
BROCKSHUS

Defendants.

TO:

Warren L. Busch
PO Box 159
Wall Lake, IA 51466-0159

YOU ARE HEREBY NOTIFIED that the deposition of the following


witness(es) will be taken at the Structural Engineering Group, 115 E. Hickory St., Suite
300, Mankato, MN 56001, as set out below on the date and time noted opposite the
witness(es) name by the attorney noted opposite the witness(es) name by oral
examination before a Notary Public or other person authorized by law to administer
oaths, to be used as authorized by the Iowa Rules of Civil Procedure. These depositions
will be stenographically recorded by Lori Meixell, Professional Reporters of Minnesota.
WITNESS

ATTORNEY(S)

DATE

TIME

Sam Brockshus

Thomas W. Lipps

October 12, 2016

Jason Hoehn

Thomas W. Lipps

October 12, 2016


9:30 a.m. or
when the deposition of Sam
Brockshus is completed.

9:00 a.m.

YOU ARE FURTHER NOTIFIED that this deposition may be adjourned from

E-FILED 2016 OCT 03 3:56 PM SAC - CLERK OF DISTRICT COURT

time to time until complete. You are invited to attend and cross-examine this witness(es).

PETERSON & LIPPS

By:
THOMAS W. LIPPS
6 East State Street
P.O. Box 575
Algona, IA 50511
Telephone: (515) 295-9494
Fax: (515) 295-9493
Email: tlipps@petelipp.com
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE

Original to:

The undersigned hereby certifies that a true copy of the foregoing


instrument was served upon all pro se parties or their attorneys of
record in the above entitled cause, as disclosed by the record herein on
the 3rd day of October, 2016 by:
U.S. Mail
Hand Delivered
Facsimile
Overnight Mail
X
Email
UPS/FedEx
X
Electronic Document
Other
Management System

Warren L. Busch
PO Box 159
Wall Lake, IA 51466-0159
Phone: 712-664-2892
Fax: 712-664-2894
buschlaw@netins.net

Signature___/s/ Wendy Schnieders___________________________

E-FILED 2016 OCT 07 12:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
LACV019668
Plaintiff,
v.
DEFENDANTS EXHIBIT LIST
GARY LANGBEIN dba LANGBEIN
FARMS, INC.,
Defendants.

COMES NOW, Defendant, and lists his exhibits as follows:


Exhibit Depo
No.
Ex.
No.

Bates
Bates
Begin *
End

Description

A No

Object.

Found.

Other

Exhibit

Authen

Object.

Admitted

tication

(Indent

Only

ify)

Waived

101
102
103

101
102
103

L00004

L00006

104

104

L00007

L00014

105

105

L00033

L00037

106

106

107
108
109
110
111

107
108
109
110
111

L00088
L00079
L00084
L00086
L00081

L00088
L00080
L00085
L00087
L00083

112
113
114

112
113
114

L00269

L00269

101 4-28-14 Quote


102 9-2-14 CTS Report
INS Report - Gary Langbein
Inspection Final Report
PART 1
Gary Langbein Inspection
Final Report PART 2
11-24-14 jds letter and
demand - Earlier Invoices
106 12-4-14 Lipps Response
to JDS
5-12-15 letter fr warren bush
6-26-15 Lipps to Bush Letter
6-30-15 email to wb
6-30-16 email from wb
9-3-15 Bush letter and
langbein check
Reserved
Reserved
06-01-16 Farm Credit Check
Request

Defendant will identify exhibit by bates-stamp number where possible.

Offered

Received

E-FILED 2016 OCT 07 12:34 PM SAC - CLERK OF DISTRICT COURT

Exhibit Depo
No.
Ex.
No.

Bates
Bates
Begin *
End

Description

A No

Object.

Found.

Other

Exhibit

Authen

Object.

Admitted

tication

(Indent

Only

ify)

Waived

115

115

L00270

L00271

116

116

L00316

L00316

117

117

L00283

L00315

118

118

L00267

L00268

119

119

L00259

L00266

120

120

L00246

L00258

121

121

L00243

L00245

122

122

L00280

L00282

123
124
125
126
127
128
129
130
131

123
124
125
126
127
128
129
130
131

L00236
L00319

L00236
L00319

06-01-16 Bank Midwest Return Item Notice


Transcript of message left by
Gary Langbein
06-01-16 Copy of Jamie
Schoneboom's file on
Langbein
06-01-16 Various American
Concrete Invoices
06-01-16 Various Wall Lake
Lumber-Lake View Lumber
Invoices
06-01-16 Various JDS
Construction Invoices
06-01-16 Various GCC
Alliance Concrete Invoices
06-01-16 Quail Construction
May 27 2016 Langbein Insp
Rpt
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
05-20-16 Photo - IMG_2025
Schoneboom Photo 20140716_141642

132
133
134
135
136
137
138
139
140
141
142
143

Offered

Received

E-FILED 2016 OCT 07 12:34 PM SAC - CLERK OF DISTRICT COURT

Exhibit Depo
No.
Ex.
No.

Bates
Bates
Begin *
End

Description

A No

Object.

Found.

Other

Exhibit

Authen

Object.

Admitted

tication

(Indent

Only

ify)

Offered

Received

Waived

144
145
146
147
148
149
150

Defendant reserves right to utilize all Exhibits identified or utilized by Plaintiff.


Defendant reserves right to utilize as exhibits all items identified during discovery.
Defendant reserves the right to utilize different and/or additional exhibits during
the trial as dictated by the testimony and the evidence received.
Defendant reserves the right to use additional and/or different exhibits during
cross examination and rebuttal.
PETERSON & LIPPS

By:
THOMAS W. LIPPS
6 E. State St., P.O. Box 575
Algona, Iowa 50511
Telephone: (515) 295-9494
Facsimile: (515) 295-9493
E-Mail: tlipps@petelipp.com
ATTORNEYS FOR THE DEFENDANT

E-FILED 2016 OCT 07 1:33 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 07 1:33 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 07 1:33 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 07 1:33 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 07 1:33 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 07 2:15 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
LACV019668
Plaintiff,
v.
DEFENDANTS WITNESS LIST
GARY LANGBEIN dba LANGBEIN
FARMS, INC.,
Defendants.

COMES NOW, Defendant, and file his anticipated witness list as follows:
1.

2.

Full Name
Gary Langbein
Melissa Langbein
Gary Jackson
Sam Brockshus
Jason Hoehn

Role In Case
Defendant
Defendants wife
Expert
Expert by deposition
Expert by deposition

Defendant reserves the right to call any witness necessary to provide

support for any of Defendants exhibits that Plaintiff poses objection to.
3.

Defendant reserves the right to call additional and or different witnesses as

required or disclosed by the proof at trial.


4.

Defendant reserves the right to utilize any witness designated or called by

Plaintiff and additional and/or different witnesses in rebuttal.

E-FILED 2016 OCT 07 2:15 PM SAC - CLERK OF DISTRICT COURT

PETERSON & LIPPS

By:
THOMAS W. LIPPS
6 East State Street
P.O. Box 575
Algona, IA 50511
Telephone: (515) 295-9494
Fax: (515) 295-9493
Email: tlipps@petelipp.com
ATTORNEY FOR DEFENDANT

E-FILED 2016 OCT 13 10:01 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


JAMIE SCHONEBOOM dba JDS
CONSTRUCTION,
LACV019668
Plaintiff,
v.
GARY LANGBEIN dba LANGBEIN
FARMS, INC.,

DEFENDANTS AMENDED EXHIBIT


LIST

Defendants.

COMES NOW, Defendant, and lists his amended exhibits as follows:


Exhibit Depo
No.
Ex.
No.

Bates
Bates
Begin *
End

Description

A No

Object.

Found.

Other

Exhibit

Authen

Object.

Admitted

tication

(Indent

Only

ify)

Waived

101
102
103

101
102
103

L00004

L00006

104

104

L00007

L00014

105

105

L00033

L00037

106

106

107
108
109
110
111

107
108
109
110
111

L00088
L00079
L00084
L00086
L00081

L00088
L00080
L00085
L00087
L00083

112
113
114

112
113
114

L00269

L00269

101 4-28-14 Quote


102 9-2-14 CTS Report
INS Report - Gary Langbein
Inspection Final Report
PART 1
Gary Langbein Inspection
Final Report PART 2
11-24-14 jds letter and
demand - Earlier Invoices
106 12-4-14 Lipps Response
to JDS
5-12-15 letter fr warren bush
6-26-15 Lipps to Bush Letter
6-30-15 email to wb
6-30-16 email from wb
9-3-15 Bush letter and
langbein check
Reserved
Reserved
06-01-16 Farm Credit Check
Request

Defendant will identify exhibit by bates-stamp number where possible.

Offered

Received

E-FILED 2016 OCT 13 10:01 AM SAC - CLERK OF DISTRICT COURT

Exhibit Depo
No.
Ex.
No.

Bates
Bates
Begin *
End

Description

A No

Object.

Found.

Other

Exhibit

Authen

Object.

Admitted

tication

(Indent

Only

ify)

Waived

115

115

L00270

L00271

116

116

L00316

L00316

117

117

L00283

L00315

118

118

L00267

L00268

119

119

L00259

L00266

120

120

L00246

L00258

121

121

L00243

L00245

122

122

L00280

L00282

123
124
125
126
127
128
129
130
131

123
124
125
126
127
128
129
130
131

L00236
L00319

L00236
L00319

06-01-16 Bank Midwest Return Item Notice


Transcript of message left by
Gary Langbein
06-01-16 Copy of Jamie
Schoneboom's file on
Langbein
06-01-16 Various American
Concrete Invoices
06-01-16 Various Wall Lake
Lumber-Lake View Lumber
Invoices
06-01-16 Various JDS
Construction Invoices
06-01-16 Various GCC
Alliance Concrete Invoices
06-01-16 Quail Construction
May 27 2016 Langbein Insp
Rpt
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
05-20-16 Photo - IMG_2025
Schoneboom Photo 20140716_141642

132
133
134
135
136
137
138
139
140
141
142
143

Offered

Received

E-FILED 2016 OCT 13 10:01 AM SAC - CLERK OF DISTRICT COURT

Exhibit Depo
No.
Ex.
No.

Bates
Bates
Begin *
End

Description

A No

Object.

Found.

Other

Exhibit

Authen

Object.

Admitted

tication

(Indent

Only

ify)

Waived

144
145
146
147
148
149
150
151
152
153
154
155

150

150 - Sketch

152

152 - Langbein Photos

156
157
158
159
160
161

L00060

L00060

162

L00050

L00050

163

L00059

L00059

164

L00063

L00063

165

L00068

L00068

166

L00077

L00077

167

L00064

L00064

168

L00065

L00065

MVI_2183 Video
Skidloader - Entry
MVI_2181Video Doors Off
Track
MVI_2176 video - Doors
Sac County Fairgrounds
building Photo
10/12/16 Sam Brockshus
Deposition. - dont have yet
160 Schoneboom-Jamie Depcondensed
03-02-16 Photo 0030 Moisture Penetration
03-02-16 Photo 0008 - Screw
Missing Board
03-02-16 Photo 0028 Moisture Penetration
03-02-16 Photo 0097 Screws Missing Board
03-02-16 Photo 1211 - Door
Entrance - Slab
03-02-16 Photo 1263 - Inside
View
03-02-16 Photo 0098 Screws Missing board Moisture - Ice
03-02-16 Photo 0100 - Fives
Screws Missing Board

Offered

Received

E-FILED 2016 OCT 13 10:01 AM SAC - CLERK OF DISTRICT COURT

Exhibit Depo
No.
Ex.
No.

Bates
Bates
Begin *
End

Description

A No

Object.

Found.

Other

Exhibit

Authen

Object.

Admitted

tication

(Indent

Only

ify)

Waived

169

L00067

L00067

170

L00090

L00090

171

L00092

L00092

172

L00093

L00093

173

L00107

L00107

174

L00111

L00111

175

L00128

L00128

176

L00161

L00161

177
178

L00162
L00163

L00162
L00163

179
180

L00164
L00174

L00164
L00174

181

L00175

L00175

182

L00177

L00177

183

L00180

L00180

184

L00183

L00183

185

L00185

L00185

186

L00189

L00189

187

L00187

L00187

03-02-16 Photo 0104 Screws Missing Board Moisture


04-16-16 Photo0001 - Hay
bale
04-16-16 Photo0003 Window
04-16-16 Photo0004 Moisture Penetration
04-14-16 Photo0018 Moisture Penetration
04-14-16 Photo0022 - Screws
Missing 2X 6
04-14-16 Photo0102 - Screws
Missing Board
04-14-16 Photo6795 - Level
Middle Floor
04-14-16 Photo6796 - Level
04-14-16 Photo6797 - Middle
Floor - West to East
04-14-16 Photo6798 - Level
04-14-16 Photo1862 Northwest Corner - Grout
04-14-16 Photo1863 - Stem
Wall Cracking
04-14-16 Photo1865 Northwest Door Does not
open all of the way
04-14-16 Photo1868 Northeast Door - Handle
Loose
04-14-16 Photo1871 - West
Wall North Side 17 1/2
Inches
04-14-16 Photo1873 - West
Wall North Side 20 1/2
inches
04-14-16 Photo1877 - Level Floor slopes North to South
04-14-16 Photo1875 - View
of Interior Wall

Offered

Received

E-FILED 2016 OCT 13 10:01 AM SAC - CLERK OF DISTRICT COURT

Exhibit Depo
No.
Ex.
No.

Bates
Bates
Begin *
End

Description

A No

Object.

Found.

Other

Exhibit

Authen

Object.

Admitted

tication

(Indent

Only

ify)

Offered

Received

Waived

188

L00191

L00191

189

L00193

L00193

04-14-16 Photo1879 Northeast Corner - 19 inches


04-14-16 Photo1881 - JDS
Litigation Inspection

190
191
192
193
194
195
196
197
198
199
200

Defendant reserves right to utilize all Exhibits identified or utilized by Plaintiff.


Defendant reserves right to utilize as exhibits all items identified during discovery.
Defendant reserves the right to utilize different and/or additional exhibits during
the trial as dictated by the testimony and the evidence received.
Defendant reserves the right to use additional and/or different exhibits during
cross examination and rebuttal.

E-FILED 2016 OCT 13 10:01 AM SAC - CLERK OF DISTRICT COURT

PETERSON & LIPPS

By:
THOMAS W. LIPPS
6 E. State St., P.O. Box 575
Algona, Iowa 50511
Telephone: (515) 295-9494
Facsimile: (515) 295-9493
E-Mail: tlipps@petelipp.com
ATTORNEYS FOR THE DEFENDANT

E-FILED 2016 OCT 14 3:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 14 3:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 14 3:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 14 3:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 18 3:47 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 10:49 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 10:49 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 10:49 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 10:49 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 5:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 5:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 5:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 5:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 5:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 5:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 5:53 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 6:24 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 6:24 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 6:24 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 21 6:24 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 24 5:06 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 24 5:06 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 24 5:06 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 OCT 24 5:06 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 DEC 06 10:07 AM SAC - CLERK OF DISTRICT COURT

2RCV12
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
JAMIE D SCHONEBOOM
JDS CONSTRUCTION
Case No. 02811 LACV019668
Plaintiff,
vs.
GARY A LANGBEIN
LANGBEIN FARMS INC

COURT REPORTER
MEMORANDUM AND CERTIFICATE

Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For Plaintiff/Petitioner: Warren Bush
For Defendant/Respondent: Thomas Lipps
Other:
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Nancy A. Timmons, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):
1. The type of proceeding that was reported: trial to the court
2. The date(s) on which the proceeding occurred: October 25, 2016
3. The name of the court reporter who reported the proceeding: Nancy A. Timmons
4. The name of the judge who presided over the proceeding: William C. Ostlund
5. The reporting fee for the proceeding: $40.00
6. We, the undersigned judge before whom the above-entitled case was tried, and the official court
reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing
is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made
and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section
624.10.
/s/William C. Ostlund
_________________________________________
District Court Judge
1 of 2

E-FILED 2016 DEC 06 10:07 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
LACV019668
Type:

Case Title
JAMIE SCHONEBOOM DBA JDS CONST VS LANGBEIN ET
AL
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered

Electronically signed on 2016-12-06 10:07:09

2 of 2

E-FILED 2016 DEC 06 10:48 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

JDS CONSTRUCTION
JAMIE DEAN SCHONEBOOM
,

Plaintiff,
vs.

Case No: 02811 LACV019668


EXHIBIT LIST
Trial to the Court
October 25, 2016
Presiding Judge: William C. Ostlund

GARY A LANGBEIN
LANGBEIN FARMS INC
,

Defendant.

The following exhibits were offered and admitted by the Court at the hearing as shown above:
Plaintiff's Exhibits
1. JDS Construction photos
2. JDS Construction photos
3. Quote
4. Transcript of message left on phone
6. Invoices from Wall Lake & Lake View Lumber
7. Invoices from GCC Concrete
8. Invoices from JDS to Langbein
9. Tickets from GCC Ready Mix
10. Invoices from American Concrete
11. Farm Credit Leasing request
12. Notice re stop payment
13. Copy of UCC financing statement
14. Fax communications
15. Miscellaneous notes
16. Brockshus & Jason Hoen report
17. Letter from Certified Testing Services
18. Installation instructions for door rails
1 of 3

E-FILED 2016 DEC 06 10:48 AM SAC - CLERK OF DISTRICT COURT

19. Schoneboom's photos


20. Schoeneboom's videos
21. Brotherton photos

Defendant's Exhibits
101. Quote
102. CTS report
103. INS report
104. Inspection final report
105. letter and demand
106. Lipps response to JDS
111. Bush letter and Langbein check
114. Farm Credit check request
115. Bank Midwest return notice
116. transcript of message left by Langbein
117. Copy of Schoenebooms file
118. American Concrete invoices
119. Wall Lake and Lake View Lumber invoices
120. JDS Construction invoices
121. Alliance Concrete invoices
122. Quail Construction inspection report
130. Photo
131. Schoneboom photo
154. thumb drive (not electronically filed)

2 of 3

E-FILED 2016 DEC 06 10:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
LACV019668
Type:

Case Title
JAMIE SCHONEBOOM DBA JDS CONST VS LANGBEIN ET
AL
EXHIBIT LIST
So Ordered

Electronically signed on 2016-12-06 10:48:45

3 of 3

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

JAMIE SCHONEBOOM, d/b/a

JDS CONSTRUCTION,

Plaintiff,
Vs.

No. LACV019668

Findings of Fact,

Conclusions of Law and Ruling

GARY LANGBEIN, d/b/a

LANGBEIN FARMS, INC.,

Defendant.

This contested matter came before the Court on October 25, 2016. The Plaintiff
was present represented by his attorney, Warren Bush. The Defendant was present
represented by his attorney, Thomas Lipps. The Court has considered the testimony,
the exhibits offered and the arguments of counsel submitted through proposed findings
of fact. Having considered the same, the Court enters the following findings of fact,
conclusions of law and ruling.

Findings of Fact
The Court in part will borrow from the briefs submitted by both parties in
reaching its conclusion.
This lawsuit was filed by the Plaintiff, Jamie Schoneboom, d/b/a JDS
Construction, (Jamie) to collect for a hay shed that he constructed at the request of
defendant Gary Langbein (Langbein). Initially Langbein requested a proposal for a
pole building to be mounted on the ground with a dirt floor. Later he requested a
proposal for a building to be mounted on concrete stub walls with a concrete floor.
Jamie understood that he would be building the structure for Farm Credit Leasing who
was to pay him for that building and would then lease it to the Defendant.
1

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

The written proposal which Jamie submitted on April 28, 2014, Jamies Exhibit
3, specifically references the following specifications:
Construction of a 48 x 64 x 15 Hay storage shed complete with
concrete foundation. Owner will be responsible for preparing initial
grade as well as final grade. Slab will have a light broom finish.
That proposal goes on to recite that:
It has been discussed and understood that the Owner is seeking
to have a storage shed built with the purpose of storing hay. This bid
is job complete, meaning Contractor will supply material and labor and
will leave the job site in broom clean condition. An exact start time for
work has yet to be determined. It is understood that work will begin at
the earliest convenience of the Contractor, contingent upon acceptance
of the following bid. It is also understood that work will begin when,
and only when, Contractor has received a signed copy of the agreement.
All work will be performed in a timely and professional manner.
(Emphasis Supplied).
The proposal then goes on to list the building specifications. For purposes of the
issues in this litigation the following are significant:
Doors: (1) 36 x 80 Insulated Entry Door, (2) 24 x 15 Split Slider
Doors on gable ends.
Foundation 8 x 24 Stub wall foundation with frost footings and 6
Floor. (Emphasis Supplied).
The proposal further states that If foundation is not approved by Owner, Owner
may deduct $9,500 from the stated bid price. That language was included because
Farm Credit Leasing had not yet approved including the stub wall foundation with frost
footings and concrete floor, and if they did not, then the building would be mounted on
dirt with a dirt floor for a total price of $35,100 rather than $44,600.
In summary, the proposal was that Jamie would furnish the materials and labor
for the project for the sum of $44,600 if Farm Credit approved inclusion of the stub
walls and concrete floor unless an alteration or deviation from the specifications

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

occurred, in which case extra charges would be made. If the stub wall foundation and
concrete floor were not included then the price would be $35,100, excluding extras.
Neither Farm Credit Leasing nor Langbein ever signed a written acceptance of
the proposal so there is no written contract. Thus there is either an oral contract or,
alternatively, the plaintiff relies on quantum meruit to recover the fair value of the
goods and services provided.
In comparison to Jamies proposal, Langbein testified that the bid he received
from Morton Buildings was substantially higher ,and Plaintiffs expert, Joe Quail, who
has built many of these types of buildings, testified that had he submitted a bid for a
building with these specifications it would have been in the $60,000 range. Langbeins
expert, Sam Brockshus, a recent college graduate who has never poured concrete,
never built a building, did not price any materials, did not check with any companies
that build similar buildings, but rather went to a square foot reference in some book to
value the building, valued it at $30,000.

He admitted that in using that reference he

did not go into any reasonable level of detail to set forth an opinion as to the value of the
building. (Brockshus dep 37-41, 61-62).
While there was never any written contract, both parties acknowledge that an
oral contract was entered into per the terms previously mentioned. This was to include
a cement floor for the purposes of constructing a hay storage building. It was incumbent
upon the Defendant to grade the property in preparation for the laying of the
foundation. This foundation was significant in that it was agreed upon that stub walls
should be included to support the structure.
The original written agreement provided that 6 subfloors be provided in the
building. In addition, sliding doors were to be installed to allow access to the structure.
3

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

Deviation from the original plans moved one of the doors from the gabled entrance to
the east side to provide easier access.

After the laying of the cement floor, the

disagreement began to ferment. Specifically, the Defendant argued that the subfloor
were only 4 deep instead of the 6. In compliance with this complaint, the Plaintiff
poured an additional two inches.

The written proposal did not call for steel

reinforcements and the Plaintiff argues that it was unnecessary based upon the expected
use of the building.
In early August, 2014, after the floor was poured, Defendant Langbein
complained to Schoneboom about the workmanship of the floor and its uneven surfaces.
Both parties agree that a combative discussion between Langbein and Schoneboom
occurred late in the work day on the north side of the hay shed near Mr. Schonebooms
pickup. Langbein testified that he asked Schoneboom to fix the concrete work; and
when Schoneboom refused, he asked Schoneboom to guarantee the concrete work,
which he also refused. It would appear at this time that significant loggerheads had
been reached. Langbein went on to testify that based upon this interchange, he thought
the Plaintiff was finished with his work. The rafters were dropped off the next day by
Wall Lake Lumber and Langbein went on vacation. When he arrived back, he testified
he was surprised to see the building up with the roof and walls constructed. During the
ensuing weeks and months, examination and testing of the cement and the structure
were taken. The Court will reference the experts opinions shortly.
In June of 2015, based upon his belief that the Plaintiff had not substantially
complied with the contract, submitted an unconditional $23,000 tender for services
rendered.

This offer was based upon 25% reduction of the $30,000 valuation

determined by Mr. Brockshus. It should be pointed out that this is approximately


4

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

$7,000 less than the materials included in the project.

Sometime prior to that

submission, the Plaintiff had submitted a bill for $9,700 for concrete work including
labor. This check was delivered, but payment was stopped.
Numerous exhibits, including photos, were presented to the Court to either
support the Plaintiffs position, but in large part to point out what the Defendant
believed to be significant deficiencies in the construction.

They included faulty

construction work, including significant honeycombing, flashing that had torn loose,
uneven walls, and sliding doors that did not work because of the elevation. The doors
were discussed at some length, stating that their installation thwarted the useful
entrance and usefulness of the building. Further testimony was directed to moisture
that had accumulated within the building because of leakage from a number of spots.
The Courts attention was directed to Exhibits 157, 161, 165-167, 170-176, 180, 184, 185,
188.
The Defendant offered the following witnesses: (1) Gary Jackson. Mr. Jackson
was an engineer with eight years experience in concrete work. He had engaged in past
concrete testing and he was a certified concrete expert. He was asked to look at the
concrete. He determined that the concrete was approximately 5 to 5 which was
less than the intended depth. His observations were that the concrete was horrible to
look at; in fact, the worst he had ever seen. He found significant honeycombing and the
finish on the concrete was so bad that it did not even meet broom finish standards. It
was his belief that this rough surface would have a tendency to erode and it would not be
unreasonable to re-pour this entire project. It was his belief that this honeycombing
effect would affect the strength and integrity of this floor by as much as 25%. (2) Sam

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

Brockshus. Mr. Brockshus works for a full-service architecture and engineering firm in
Mankato, Minnesota, as well as Algona, Storm Lake and Des Moines. He has worked as
an engineer for 2 years and expects to become a full-fledged engineer with
professional license. He prepared an evaluation report and took photos. His report
included numerous deficiencies in the structure itself and the workmanship, all affecting
the structural elements of the building. In addition, he addressed the issue of the doors
and their improper application.

It should be pointed out once again that Mr.

Schoneboom determined the value of the building to be $30,000 based upon an


estimated square foot cost. (See Brockshus deposition summary.)
The Plaintiff offered evidence from two sources.

They were as follows: (1)

Joseph Quail. Mr. Quail testified that he was engaged in a family business that routinely
engaged in building projects.

This included residential buildings and commercial

buildings. He estimated their gross revenues to be 5 million dollars annually. He


testified that he did not know the Plaintiff before this incident. It was his belief that the
project fell within industry standards and found no deficiencies in the structural
integrity of the building. He did acknowledge that there were some cosmetic issues that
might need correcting but did not see the sliding door as a problem that could not be
fixed or adjusted. He further opined that the moisture or leakage was fairly common in
buildings of this nature and it was his belief that there was no way to prevent some
leakage. He felt all trusses were set properly and stated that his estimate of the value
was between $55,000-$60,000, and far from the $30,000 estimate of the Defendant.
(2) William Brotherton. Mr. Brotherton sells retail building materials, operating under
the name of Wall Lake Lumber.

In fact, he is the president and co-owner of the

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

company. His relationship with the Plaintiff caused him to state that in the past he
considered his work product of good quality. While he made what might be considered
a cursory inspection of the property, he stated there were no significant deficiencies that
could not be corrected.
In summary, the Defendant contends that the Plaintiff failed to substantially
comply with the work agreement in the following regards: (a) faulty foundation and
concrete; (b) improper installation of sliding doors; (c) aesthetic deficiencies, including
exposed nails, missing screws, loose flashing and (d) moisture issues.
It is for this reason that the Defendant has refused payment in excess of
the $23,000 tender previously made.
Conclusions of Law and Ruling
There are a number of matters that the parties seem to be in agreement. Both the
Plaintiff and the Defendant agree that an oral contract was entered into for the
construction of the hay building in the total purchase price of $44,892.50. Further, the
parties have both cited existing law of substantial compliance in the construction of
buildings. Specifically, in order for Langbein to be entitled to a deduction from the
amount of the Plaintiffs bill, it is incumbent upon him to provide credible evidence from
which the Court can find the value of any setoff should be made. When a contractor
substantially complies with a contract, [he] is entitled to recover the contract price with
deductions for any defects or incompletions. S. Hansen Lumber Co. v. DeMoss, 253
Iowa 204, 208, 111 N.W.2d 681, 684 (1961).
The contractor has the burden of proof to show substantial performance

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

with the contract. Farrington v. Freeman, 251 Iowa 18, 23, 99 N.W.2d
388, 391 (1959). Substantial performance allows only omissions or
deviations from the contract that are inadvertent or unintentional,
not the result of bad faith, do not impair the structure as a whole
are remediable without doing material damages to the other
portions of the building, and may be compensated for through
deductions in the contract price. Moores Builder, 409 N.W.2d
At 193. Once a contractor has met its burden to show substantial
performance, the [building] owner has the burden to show any
defects or incompletions which may be deducted from the contract
price. Id.

In analyzing the circumstances of this construction project, the Court has reached
the following conclusions. There is a difference of opinion as to the impairment of the
project based upon the integrity of the concrete. The Court finds that while it may not
be aesthetically pleasing, the Court is unconvinced that significant imperfections exist to
affect the overall use of the building. Further, issues that relate to the sliding door
appear to be correctable. This is due in part to the graded foundation which was
provided to the Plaintiff by the Defendant. It was an elevated area which might require
a ramp or some other addition to make access easier. The cosmetic issues all appear to
be correctable and the moisture issue may well be unavoidable.
In short, the Court finds that the Plaintiff has met the standard of
substantial compliance and is entitled to compensation, subject to any deductions.
In this instance, the Court agrees that there are certain things that are in
fact deficient. The Court is quick to point out that the Plaintiff offered to correct these
8

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

problems but was denied access by the Defendant. This position of the Defendant was
reaffirmed at the time of trial.
The evidence establishes that a high bid of approximately $60,000 was
entered at one time and a low bid of $30,000 was suggested by the Defendant. All
parties agree that the purchase price was approximately $44,000 plus. The Court
determines this to be the value of the building and the contract. In reaching its final
conclusion, the Court determines that the issues of quantum meruit and mitigation of
damage should be considered. The Defendant had previously used the percentage of
deduction to be 25% as applied to the $30,000 figure. Using the Defendants own
formula, the Court finds this is appropriately applied to the $44,892.50 figure, resulting
in a deduction of $11,223.12. At this point, the Defendant would be obligated to pay the
amount of $33,669.38. Recognizing these deficiencies, the Court is also aware that a
significant structure was provided to the Defendant.

Correctable deficiencies are

available, and the Plaintiff was denied the opportunity to correct them. The Plaintiff did
expend significant and compensation labor.

Therefore, the Court adjusts the final

figure by an additional $3,000, resulting in $36,669.38.


IT IS THE ORDER OF THIS COURT that judgment is entered on behalf of
the Plaintiff, Jamie Schoneboom, d/b/a JDS Construction, and against the Defendant,
Gary Langbein, d/b/a Langbein Farms, Inc., in the amount of $36,669.38, plus interest
at the legal rate from the date of filing, deducting the $23,000 partial payment which
was rejected by the Plaintiff. Costs are assessed to the Defendant.

E-FILED 2016 DEC 19 1:52 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
LACV019668

Case Title
JAMIE SCHONEBOOM DBA JDS CONST VS LANGBEIN ET AL
So Ordered

Electronically signed on 2016-12-19 13:52:26

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