MARILYN KLINGER
Name: Marilyn Klinger
Firm Name: SMTD Law LLP
Jurisdiction: USA, USA - California
Practice Area: Construction Litigation Law

Telephone: (213) 943-1425
Fax: (213) 943-1301
Email: mklinger@smtdlaw.com

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Professional Biography:

Ms. Klinger serves as the Managing Partner of SMTD Law’s Los Angeles office. She is involved in all aspects of construction law on a state and national level, representing the full spectrum of the construction industry, from owners, contractors, subcontractors and sureties. Ms. Klinger’s practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/mechanics liens/stop payment notices), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/inadequate plans and specifications and subcontractor substitutions) and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation and negotiation). In addition, she has extensive experience in dispute resolution including litigation, trial, appeals, arbitration and mediation.

Ms. Klinger is a hard-working “straight shooter.” Early in her career, she became a pioneer in construction law, being one of the first women attorneys to practice in the primarily male field. Through her passion and unique intelligence she has established a vital, nationwide practice involved in all aspects of construction law and a career marked by increasingly prominent leadership positions. She is recognized as an innovator in legal problem-solving and as a thought leader who is a frequently published author and sought-after speaker for professional legal, construction and educational publications and organizations. Marilyn loves humor and thinks everyone is way too serious.

CONSTRUCTION LITIGATION, GOVERNMENT CONTRACTS, AND COUNSELING:

The Firm handles all facets of federal and state public works construction projects, and commercial and private works projects. The Firm counsels owners, developers, general contractors, subcontractors and suppliers in a broad range of transaction and litigation matters. With decades of collective experience handling construction disputes, our attorneys are uniquely qualified to address the complex issues that arise in the construction industry.

Prior to the start of construction, our attorneys found that negotiating appropriate contract terms and counseling our clients’ project team regarding the legal requirements of a particular project often make or break the project. Our attorneys frequently counsel construction clients with matters involving:

  • Preparing and negotiating contracts
  • Interpreting regulatory requirements, including licensing issues, set aside qualifications and the Federal Acquisition Regulations
  • Creating project specific form documents to comply with legal, contractual, and statutory requirements
  • Analyzing, prosecuting and defending bid protests
  • Analyzing subcontractor listing requirements

Once construction has commenced, our clients demand prompt, accurate and experienced responses to their questions. Our attorneys are well versed in handling:

  • Subcontractor substitutions
  • Payment disputes
  • Work stoppages
  • Stop notice and bond claims
  • Delay and productivity claims
  • Labor and prevailing wage claims with the Department of Labor Standards Enforcement and others
  • Change order and extra work disputes
  • Termination disputes
  • Submittal, scope, and design disputes

Many projects are successfully closed out without the need for experienced counsel. When disputes arise, the Firm is positioned to effectively and efficiently address our clients’ claim needs. Avoidance of unnecessary litigation costs and expenses is important, and, as such, the Firm assists with analyzing and quantifying claims prior to litigation and providing upfront risk analysis. By doing so, we are able to provide our clients with workable solutions to avoid litigation.

If prosecuting or defending a claim is necessary, our attorneys are experienced and have a tremendous record of success. Our attorneys have successfully handled trials and claims in state and federal courts, various Boards of Contract Appeals, the U.S. Court of Federal Claims, arbitrations, and other tribunals involving:

  • Differing site conditions
  • Liquidated damages and delays
  • Improper and/or inflated back-charges
  • Subcontractor substitutions
  • False claims
  • Mechanic’s liens, stop notices and payment bond claims
  • Prompt payment penalties
  • Defective design
  • Loss of productivity and disruption
  • Cumulative impact or “ripple effects”
  • Modified total costs
  • Cardinal Change and Abandonment
  • Breach of warranty and construction defects
  • Prevailing wage claims

 

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