Ali Salamirad
CONTACT INFORMATION

17901 Von Karman Avenue
Suite 500
Irvine, CA 92614

Work: (949) 537-3813
Fax: (949) 537-3822
Email: [email protected]

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Chambers 2024 - Ali Salamirad

Ali Salamirad

Ali Salamirad is the founding partner of SMTD Law LLP. Mr. Salamirad concentrates his practice in the areas of construction and surety law. For nearly a quarter of a century, Mr. Salamirad has counseled a variety of businesses, contractors and surety bond companies in complex litigation and transactional matters. Many of the nation’s leading general and specialty contractors and sureties trust Mr. Salamirad’s guidance and counsel when dealing with the myriad of issues that arise in the construction and related industries. Mr. Salamirad is widely recognized for his ability to assist clients when dealing with distressed private development and public works projects.

Mr. Salamirad has successfully handled a wide range of cases including bid protests, subcontractor substitution hearings, labor productivity/inefficiency claims, extra work or change order disputes, delay and acceleration claims, differing site condition claims, adversary proceedings in bankruptcy, competing creditor claims, default terminations, takeover and completion efforts, and structuring multi-million dollar financing deals for sureties and their distressed contractors.

EDUCATION

  • Hastings College of the Law, University of California, J.D., 2000
  • University of California Irvine, B.A., 1996

BAR ADMISSIONS

  • State of California, 9th Circuit Court of Appeals, various United States District Courts and Bankruptcy Courts in California, United States Federal Court of Claims, Armed Services Board of Contract Appeals

PROFESSIONAL HONORS AND MEMBERSHIPS

  • Chambers and Partners USA
  • Construction Lawyers Society of America
  • American Bar Association
  • Orange County Bar Association
  • Associated General Contractors of California
  • Engineering Contractors’ Association
  • National Bond Claims Association
  • Pearlman Association

RESULTS & REPRESENTATIVE MATTERS

  • Successfully represented developer of Whole Foods in Sherman Oaks, CA at trial in defense of seven-figure claim by contaminated soil contractor for additional compensation.
  • Successfully represented electrical contractor against large prime contractor on hospital project for the Army Corp of Engineers at Fort Irwin, resulting in multi-million settlement before trial in United States District Court.
  • Successfully represented contractor and its surety at trial against the County of San Bernardino resulting in $6.8 million dollar verdict for unpaid contract balance, prompt payment penalties and lost productivity damages incurred as a result of encountering differing site conditions utilizing a “measured mile” analysis.
  • Successfully represented surety against the competing claim of the United States of America (IRS) to contract funds withheld by a local public agency in response to stop payment notices after surety’s principal defaulted on its obligations and surety was required to pay stop payment notice claimants; Court held that the surety’s rights, as the equitable subrogee of the stop payment claimants, trumped the tax lien rights of the IRS.
  • Successfully represented general engineering contractor at arbitration against the County of El Dorado and its employees resulting in a seven-figure award for damages incurred as a result of encountering differing site conditions and utility conflicts on an off-ramp construction project on Highway 50 in El Dorado County.
  • Successfully represented general contractor in arbitration of claim against its insulation subcontractor’s surety for damages incurred as a result of installing improper pipe insulation materials on the United States District Courthouse project in San Diego, California.
  • Successfully represented surety in appeal of prompt payment penalty award in Alpha Mechanical, Heating & Air Conditioning, Inc. v. Travelers Casualty & Surety Company of America (2005) 133 C.A.4th 1319.
  • Successfully defended surety at arbitration against million-dollar claim from a general contractor alleging that the surety’s principal installed concrete floors that were not within the specified “flatness” on a public library project. In the same action, recovered the surety’s substantial attorneys fees and costs from the general contractor.
  • Successfully represented small, family-owned demolition contractor in defense of license revocation hearing brought by the CSLB involving the contractor’s alleged misrepresentations in multiple applications for specialty licenses.
  • Successfully represented contractors and sureties in defense of prevailing wage and other labor claims on public construction projects.
  • Negotiated millions of dollars in change orders, financing, takeover, tender, buy-out, work-out, completion and other agreements on favorable terms for clients in numerous transactional matters.

ARTICLES & PRESENTATIONS

  • Author and Panelist: “Litigating Complex Construction Claims on Alternative Delivery Method Projects,” 2024 American Bar Association, Fidelity and Surety Law Committee, Midwinter Conference, New Orleans, LA
  • Author: Sweeney and Theriot, New Developments in Surety Law: Performance, Payment, and Indemnity, Construction Law Update, 2018-present
  • Author: “Liability of the Principal and Indemnitors to Indemnify and Reimburse the Surety”, chapter IV, 2023 American Bar Association: The Surety’s Indemnity Agreement: Law and Practice, Third Edition
  • Speaker: “Ripple Effect of Bank Failures on the Construction Industry and Potential Impact to Sureties”; 2023 Seminar, Numerous Industry Groups and Firm Clients
  • Speaker: “Updates, Insights and Strategies for Effectively Resolving Claims in California (and Beyond)”; 2023 Seminar, Numerous Clients
  • Speaker: “Differing Site Conditions: The Big Game of Shifting Risk”; 2020-present, WPL Publishing Co., Inc.
  • Author and Panelist: “Key Engineering and Legal Issues and Strategies for Successfully Tendering a Completion Contractor,” American Bar Association, Fidelity and Surety Law Committee, 2022 Midwinter Meeting, Nashville, TN
  • Author: “Liability of the Principal and Indemnitors to Indemnify and Reimburse the Surety,” Chapter IV, 2022 American Bar Association: The Surety’s Indemnity Agreement: Law and Practice, Third Edition
  • Speaker: “30 in 30: Insights from 30 Years of Surety Engineering in 30 Minutes,” The Pearlman, 2021
  • Speaker: “What Attorneys Expect from an Expert”; Forensic Expert Witness Association, 2021 Conference
  • Author and Speaker: “Litigating Lost Productivity Claims in Construction: Developing Methodologies, ASCE Standards,” Strafford Institute, 2021
  • Speaker: “A Deep Dive Into the Recent Crosno Decision and its Impact on Pay-When-Paid Clauses in California,” National Association of Surety Bond Producers, Webinar 2020
  • Speaker: “Crosno: Eroding the Law or “One-Off” Decision,” August 2020, The Hartford
  • Speaker: “Construction ABCs of Performance and Payment Bonds,” 2020 Webinar, Public Contracting Institute
  • Speaker: “Fair Claims Settlement Practices Regulations,” 2013-present
  • Panelist: “Underground Autopsy: Strategies for Analyzing, Presenting and Resolving Differing Site Condition Claims,” The Pearlman, 2019
  • Author and Panelist: “Understanding Construction Scheduling – A Critical Path to Successful Claims Handling,” 2019 American Bar Association, Tort Trial & Insurance Practice, Spring Meeting, Austin, TX
  • Speaker: “Issues, Thoughts and Strategies Re: Set Aside Programs,” Webinar, 2019 – present
  • Panelist: “Nightmare on Tender Street – Ethics Problems and Solutions for Tendered Defenses, Attorney Billing and Unintended Disclosure,” 2018 Surety Claims Institute Annual Conference, Atlanta, GA
  • Speaker: “Current Trends in Construction, Surety Business and Surety Claims and the Law,” 2016 Education Program
  • Author and Panelist: “Selecting The Right Completion Contractor,” American Bar Association, 2016 Fidelity and Surety Law Committee Spring Program, La Quinta, CA
  • Speaker: “Bond Claims – Shaken and Stirred,” National Association of Surety Bond Producers, 2015 Annual Meeting, San Diego, CA
  • Author: “Joint Ventures: What You Should Know,” Engineering Contractors Association Magazine
  • Author: “Joint Venture Pitfalls,” The California Contractor, v.36
  • Author: “Why The Enforceability Of Your Settlement Agreements And Releases Could Be In Jeopardy,” Engineering Contractors Association Magazine
  • Author: “Fighting A ‘Remove and Replace’ Directive,” Engineering Contractors Association Magazine
  • Speaker: “Using Public Contract Code Section 7104 to Defeat Contractual Site Condition Disclaimers in Differing Site Condition Litigation,” Engineering Contractors Association Legal Seminar
  • Speaker: “How to Thrive In This Down Construction Market,” Contractors Business Network Annual Seminar