Marilyn Klinger

CONTACT INFORMATION

355 S. Grand Avenue
Suite 2450
Los Angeles, CA 90071

Work: (213) 943-1425
Fax: (213) 943-1301
Email: [email protected]

CLSA Top Construction Lawyers Charter Fellow

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-dominated 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. Chambers USA 2020 ranked Ms. Klinger one of the top Construction lawyers in California. Recently, she has been selected as Top Attorney of the Year in Construction Law by the International Association of Top Professionals (IAOTP) for her outstanding leadership and commitment to the profession.

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

BAR ADMISSIONS

California, U.S. District Court (C.D. Cal.)
U.S. District Court (E.D. Cal.)
U.S. District Court (N.D. Cal.)
U.S. District Court (S.D. Cal.)

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

ARTICLES & PRESENTATIONS

Ms. Klinger regularly presents and writes articles on issues impacting the construction industry. She has served as an annual guest lecturer at Stanford University’s Graduate School of Engineering, Construction Management since 1993 and has also spoken on numerous panels for the ABA Forum on Construction Law and Fidelity & Surety Law Committee since 1985. Recent speaking engagements and articles include:

Panelist: “OCBA Construction Law”, Orange County Bar Association Construction Law section webinar (2021).
Speaker: “Contract Solutions”, Arcadis webinar (2021).
Speaker: “7th Annual California Construction Law”, The Seminar Group live webcast conference (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: Construction Financial Management Association Annual Conference, San Antonio, TX, “Women in Construction,” (2016).
Speaker: “Bankruptcy, Abandonment and Surety Remedies,” California Construction Law Seminar, Santa Monica, CA (2014).
Faculty Member: “Construction Law Seminars,” Certified Senior Project Manager Series, SDC Associates, Los Angeles, CA (2013) and San Diego, CA (2013).
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).
Co-author: “Termination for Convenience, It’s All About ‘Good Faith,’” Modern Contractor Solutions (2012).
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).
Speaker: “Curve Ball Issues Affecting the Surety,” Pearlman, Seattle, WA (2011).
Co-author: “Termination for Convenience: How Enforceable Is It?” The Voice (2011).
Speaker: “Killer Bond Forms,” HCC Surety Underwriters, Los Angeles, CA (2011).
Moderator: “Differing Site Conditions: The Big Game of Shifting Risk,” CMAA, Southern California Chapter, Long Beach, 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: “Delay Damages,” WSSC, Seattle, WA (2010).
Speaker: “Pursuing Payment: Damned If You Do; Damned If You Don’t,” ABA/Construction Forum Annual Meeting, Austin, TX (2010).

MEMBERSHIPS & AFFILIATIONS

Council Member of the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR)
Legal Advisory Council of the National Association of Surety Bond Producers (NASBP)
Construction Lawyers Society of America – Charter Fellow Since 2018
American Bar Association (ABA)
Forum on Construction Law member – Past Governing Committee member
U.C. Hastings College of the Law Alumni Board of Governors — Past President
Associated General Contractors (AGC) of California
Legal Advisory Committee — Past Chair
ABA, Construction Forum 2013 Annual Meeting in Dana Point, California — Co-Chair
CEB Real Property Advisory Committee — Past Member
ABA, Construction Forum Division 5-General Contractors fka Project Performance – Past Chair
ABA, Construction Forum Law Student Writing Competition – Past Chair
AGC of America Contract Documents Forum Member
Fidelity and Surety Law Committee of ABA Trial Torts and Insurance Practice Section — Past Chair
International Association of Defense Counsel, Fidelity and Surety Committee — Past Chair