ADR Services

ALTERNATIVE DISPUTE RESOLUTION

Marilyn Klinger leads the Firm’s Alternative Dispute Resolution (ADR) practice. ADR provides participants with an effective alternative to costly and time-consuming litigation. ADR can be used to resolve cases in their entirety or, in the right circumstances, specific issues and disputes.

Ms. Klinger, who also serves as the Managing Partner of SMTD Law’s Los Angeles office, has been involved in all aspects of construction law on a state and national level, representing the full spectrum of the construction industry, owners, contractors, subcontractors, and sureties. She is now using those 45+ years of experience to help the parties to construction projects resolve their disputes either through mediation or arbitration.  She is on both the American Arbitration Association national roster of construction arbitrators and a panelist on the California Public Works Arbitration Program that the California Department of Transportation administers.

Ms. Klinger provides the following ADR Services:

  • Mediation
  • Arbitration
  • Early Neutral Evaluation
  • Construction Project Neutral and Dispute Resolution Services
  • Court Appointed Special Master
  • Court Appointed Discovery Referee

Please contact Ms. Klinger’s ADR case coordinator to obtain additional information regarding her services, rates, and availability.

Susan Vargas
(213) 943-1425
[email protected]

ADR Services

AWARDS

  • Best Lawyers in America, Construction Law, 2018
  • Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law, 2017
  • Chambers USA — individually recognized and ranked for Construction Law (2013-2016) (2019)
  • Sedgwick Law 2015 Ernest “Bud” Arnold Mentor Award for Commitment in Expertise in Mentoring and Counseling
  • “Who’s Who in Law: Angelenos to Know in Real Estate Law,” Los Angeles Business Journal, 2013
  • 2010 James Acret Award for Outstanding Achievement in Construction Law Legal Writing

MEMBERSHIPS

  • Arbitrator, American Arbitration Association Construction and Commercial Panels, 2021-present
  • California Public Works Arbitration Program, 2022-present
  • Member, ABA Section for Dispute Resolution, 2022-present
  • Member, National Construction Dispute Resolution Council (NCDRC), 2022-present
  • Member, AAA-ICDR’s Council, 2022-present
  • Member and former Governing Board member, Forum on the Construction Industry, 1982-present
  • Member and former Chair Fidelity and Surety Law Committee, ABA Tort and Insurance Practice Section, 1982-present
  • Member, Dispute Review Board Foundation, 2023-present
  • Legal Advisory Council of the National Association of Surety Bond Producers (NASBP)

ARTICLES & PRESENTATIONS

  • Author and presenter: “Enforcement of Mediation Provisions in Construction Contracts,” The Pearlman Conference, September 2024
  • Author and presenter: “The Bond Producer’s Role in the Surety Claims Process & Other Claims Tips,” NASBP West Fall Meeting, September 2024
  • Presenter: “Arbitration / ADR — Don’t Get Lost: Impairment and Other Surety Defenses in Multi-Pary Litigation,” ABA Fidelity and Surety Law Committee Spring Meeting, May 2024
  • Panelist: “OCBA Construction Law”, Orange County Bar Association Construction Law section webinar (2021).
  • Speaker: “Contract Solutions”, Arcadis webinar (2021).
  • Speaker: “Nightmare on Tender Street – Ethics Problems and Solutions for Tendered Defenses”, Surety Claims Institute (2018).
  • Speaker: “Maze or Labyrinth: All of the Ways to Recover Attorney’s Fees in California Construction Litigation,” AGC of CA Legal Advisory Committee (2017).
  • Speaker: “Differing Site Conditions: The Big Game of Shifting Risk,” WPL webinar (2017).
  • Speaker: “Ten Commandments to Avoid Project Failures,” National Association of Women in Construction, Los Angeles Chapter (2017).
  • Panelist at Women in Construction, West Coast Conference, “Contractors’ Business Partners: Surety, Insurance, Accounting, Banking & Law” (2017)
  • Contributing author: “Differing Site Conditions,” Chapter 3 of Construction Contract Claims, Changes, and Dispute Resolution, American Society of Civil Engineers, Third Edition (2016).
  • Speaker: “Ten Commandments to Avoid Project Failures,” Sedgwick Construction Law Webinar Series (2016).
  • Speaker: “Bankruptcy, Abandonment and Surety Remedies,” California Construction Law Seminar, Santa Monica, CA (2014).
  • Speaker: “Hard Hats and High Heels: Women in Construction,” CFMA, San Diego, CA (2013).
  • Co-author: “Fundamentals of Construction Law, Second Edition,” ABA Forum on the Construction Industry (2013).
  • Speaker: “AIA A201 vs. ConsensusDOCS: A 10-Round Bout to Determine Which Is the Fairest Contract of Them All?” Construction SuperConference, San Francisco, CA
  • Speaker: “Hammers, Nails and Lipstick,” AGC-CFMA, Las Vegas, NV (2011).
  • Speaker: “Contract Litigation Insurance: A Game Changer or Not,” AGC of California Legal Advisory Committee, Dana Point, CA (2011), WSSC, Seattle, WA (2011).
  • Co-author: “Termination for Convenience: How Enforceable Is It?” The Voice (2011) and Termination for Convenience, It’s All About ‘Good Faith,’” Modern Contractor Solutions (2012).
  • Speaker: “Killer Bond Forms,” HCC Surety Underwriters, Los Angeles, CA (2011).
  • Co-author: “FAR Business Ethics: The Basics,” Construction Executive (2010).
  • Speaker: “Everything You Ever Wanted to Know About Surety But Were Afraid to Ask,” AGC of California, Legal Advisory Committee, Carmel, CA (2010).
  • Speaker: “Top Ten Mistakes Contractors Make and How to Avoid Them,” Engineering Contractors Association Legal Program, Downey, CA (2010), Surety Association of Washington, Seattle, WA (2010).
  • Speaker: “Pursuing Payment: Damned If You Do; Damned If You Don’t,” ABA/Construction Forum Annual Meeting, Austin, TX (2010).

ADR TRAINING

  • Strauss Institute for Dispute Resolution, Pepperdine University, Caruso School of Law, 2021
  • Arbitrator Training, American Arbitration Association, 2021

EXPERIENCE

  • University of California College of the Law, San Francisco (formerly UC Hastings College of the Law), J.D., 1978
  • Partner (1987-2017), Division Head and Chair, Construction Practices Group, and Associate (1982-1986) Sedgwick LLP
  • AAA-ICDR Construction and Commercial Arbitration Panels, 2021-present
  • California Public Works Arbitration Program Arbitrator, 2022-present

EDUCATION

  • University of California College of the Law, San Francisco (formerly UC Hastings College of the Law), J.D., 1978
  • University of Santa Clara, cum laude, B.S. Political Science, 1975

Practice Areas

Construction Litigation
CONSTRUCTION
Surety Litigation
SURETY
Business Litigation
BUSINESS
Real Estate Litigation
REAL ESTATE
ADR Services
ADR SERVICES