Marilyn Klinger

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Marilyn Klinger serves as the firmwide chair of Sedgwick’s Commercial Division.  Located in the Los Angeles office, she is the Chair Emeritus of Sedgwick’s Construction Practices Group, and is involved in all aspects of construction law on a state and national level. Ms. Klinger represents the full spectrum of the construction industry, from owners, contractors, subcontractors, and sureties.  Her 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/mechanic’s 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, Ms. Klinger has extensive experience in dispute resolution including litigation, trial, appeals, arbitration, and mediation.

Marilyn Klinger serves as the firmwide chair of Sedgwick’s Commercial Division.  Located in the Los Angeles office, she is the Chair Emeritus of Sedgwick’s Construction Practices Group, and is involved in all aspects of construction law on a state and national level. Ms. Klinger represents the full spectrum of the construction industry, from owners, contractors, subcontractors, and sureties.  Her 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/mechanic’s 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, Ms. Klinger has extensive experience in dispute resolution including litigation, trial, appeals, arbitration, and mediation.

Affiliations, Activities and Accomplishments

  • Governing Committee, ABA/Construction Law Forum (2016).
  • Member, ABA/Construction Law Forum (2015).
  • Recipient, Ernest “Bud” Arnold Mentor Award for Commitment and Expertise in Mentoring and Counseling (2015).
  • Individually recognized and ranked in Chambers USA (2013-2016).
  • President-Elect, U.C. Hastings College of the Law Alumni Board of Governors (2014).
  • Selected to be profiled in the “Who’s Who in Law: Angelenos to Know in Real Estate Law” special supplement in the Los Angeles Business Journal (2013).
  • Named a leader in the field of construction in “The International Who’s Who of Construction Lawyers” published by Who’s Who Legal (2014, 2013).
  • Chair of AGC of California Legal Advisory Committee (2013).
  • Co-Chair of ABA/Construction Forum 2013 Annual Meeting in Dana Point, California.
  • Member, CEB Real Property Advisory Committee (2013).
  • Chair, Division 5-Project Performance, ABA/Construction Forum (2013-2015), previously member of Steering Committee.
  • Chair, commencing 2010, of ABA/Construction Forum Law Student Writing Competition.
  • Recipient, 2010 James Acret Award for Outstanding Achievement in Construction Law Legal Writing.
  • Member, Associated General Contractors of America Contract Documents Committee.
  • Former Chair of the Fidelity and Surety Law Committee (FSLC) of the ABA Trial Torts and Insurance Practice Section.
  • Former Chair of the Fidelity and Surety Committee and member of the Construction Law and Litigation Committee of the International Association of Defense Counsel.

Presentations & Publications

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 the Construction Industry since 1985.

Recent speaking engagements and articles include:

  • Speaker, “Ten Commandments to Avoid Project Failures,” Sedgwick Construction Law Webinar Series, (June 29, 2016).
  • Speaker, “Women in Construction,” Construction Financial Management Association Annual Conference, San Antonio, TX (June 27, 2016).
  • Speaker, “Differing Site Conditions: The Big Game of Shifting Risk,” webinar, (January 14, 2016).
  • Speaker, “Bankruptcy, Abandonment and Surety Remedies,” California Construction Law seminar, Santa Monica, CA (September 17, 2014).
  • Speaker, “Differing Site Conditions: The Big Game of Shifting Risk,” webinar, (July 23, 2014).
  • Speaker, “Construction Law Seminars,” Certified Senior Project Manager Series, SDC Associates, Los Angeles, CA (October 3, 2013), San Diego, CA (October4, 2013).
  • Speaker, “Hard Hats and High Heels:  Women in Construction,” CFMA, San Diego, CA (June 25, 2013).
  • Co-Author, “Fundamentals of Construction Law, Second Edition,” ABA Forum on the Construction Industry, (2013).
  • Co-Speaker, “Differing Site Conditions,” WPL Publishers Webinars, Los Angeles, CA (October 4, 2012, August, 24, 2011 and September 21, 2010).
  • Co-Author, “Termination for Convenience, It’s All About â€?Good Faith,’” Modern Contractor Solutions, (August 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 (December 14, 2011).
  • Speaker, “Hammers, Nails and Lipstick,” AGC-CFMA, Las Vegas, NV (October 26, 2011).
  • Speaker, “Contract Litigation Insurance: A Game Changer or Not,” AGC of California Legal Advisory Committee, Dana Point, CA (September 30, 2011).
  • Speaker, “Curve Ball Issues Affecting the Surety,” Pearlman, Seattle, WA (September 9, 2011).
  • Speaker, “Contract Litigation Insurance—A Game Changer or Not,” WSSC, Seattle, WA (May 13, 2011).
  • Co-Author, “Termination for Convenience: How Enforceable Is It?” The Voice, (August 2011).
  • Speaker, “Killer Bond Forms,” HCC Surety Underwriters, Los Angeles, CA (March 17, 2011).
  • Moderator, “Differing Site Conditions: The Big Game of Shifting Risk,” CMAA, Southern California Chapter, Long Beach, CA (January 28, 2011).
  • Co-Author, “FAR Business Ethics: The Basics,” Construction Executive, (December 2010).
  • Speaker, “Everything You Ever Wanted to Know About Surety But Were Afraid to Ask,” AGC of California, Legal Advisory Committee, Carmel, CA (October 15-17, 2010).
  • Speaker, “Top Ten Mistakes Contractors Make and How to Avoid Them,” Engineering Contractors Association Legal Program, Downey, CA (October 1, 2010).
  • Speaker, “Top Ten Mistakes Contractors Make and How to Avoid Them,” Surety Association of Washington, Seattle, WA (September 28, 2010).
  • Speaker, “Delay Damages,” WSSC, Seattle, WA (May 20, 2010).
  • Speaker, “Pursuing Payment: Damned If You Do; Damned If You Don’t,” ABA/Construction Forum Annual Meeting, Austin, TX (April 23, 2010).

While in law school, she was a member of the Thurston Honor Society, the Order of the Coif, and the Hastings Law Journal editorial staff.

Areas of Concentration

Construction Practices; Surety; Business Litigation

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.)

Education

J.D. (1978) University of California, Hastings College of the Law
B.S. (1975) University of Santa Clara, cum laude