Marilyn Klinger
CONTACT INFORMATION

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

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

Chambers 2024 - Marilyn Klinger
CLSA Top Construction Lawyers Charter Fellow
American Arbitration Association Panel Member 2026

Marilyn Klinger

Ms. Klinger serves as the Managing Partner of SMTD Law’s Los Angeles office. She was 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. She is now dedicating that experience to assist parties in the construction industry resolve their disputes, either by serving as a mediator or as an arbitrator/judicial referee.  She is on the American Arbitration Association National Construction Panel of arbitrators and mediators as well as the Construction Mega Project Arbitration Panel and the California Public Works Contract Arbitration Program panel. She had experience in time-related claims and litigation (e.g., delay/impact), 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 (e.g., differing site conditions, change and extra work orders/inadequate plans and specifications and subcontractor substitutions) and counseling to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation and negotiation). That experience goes a long way in assisting parties to resolve their disputes without the need to educate the neutral as to those aspects of the construction industry.

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 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 legal, construction and educational publications and organizations. Marilyn loves humor and thinks everyone is way too serious. Chambers USA 2025 ranked Ms. Klinger one of the top Construction lawyers in California.

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 (2025)
  • 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:

  • Co-Editor: The Construction Project: Phases•People•Terms•Paperwork•Processes, published by ABA/FSLC December 2023
  • Co-Chair: “The Construction Project: Phases•People•Terms•Paperwork•Processes,” ABA/FSLC, January 2024, New Orleans
  • Speaker: “Arbitration/Mediation and Bond Forms,” NASBP, July 2023
  • Author: “Arbitration Provisions and Incorporation by Reference Clauses,” NASBP, May 2022
  • Panelist: “Is This A Bad Dream: Protecting Your Company’s Rights to Performance and Payment in the Bankruptcy Context, ABA Forum on Construction Law, May 2022
  • Co-Author: “Is This A Bad Dream: Protecting Your Company’s Rights to Performance and Payment in the Bankruptcy Context, Construction Lawyer, ABA Forum on Construction Law, 2022
  • Speaker: “Default Terminations and the Surety,” NASBP, June 2022
  • Speaker: “Contract Interpretation, Insight to the Myriad of Causes of Conflict Arising from the Drawings and Specifications,” WPL, November 2022
  • 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)
  • 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)
  • Faculty Member: “Construction Law Seminars,” Certified Senior Project Manager Series, SDC Associates, Los Angeles, CA (2013) and 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
  • 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)
  • Co-author: “FAR Business Ethics: The Basics,” Construction Executive (2010)
  • Speaker: “Pursuing Payment: Damned If You Do; Damned If You Don’t,” ABA/Construction Forum Annual Meeting, Austin, TX (2010)

MEMBERSHIPS & AFFILIATIONS

  • Arbitrator, American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR) Construction and Commercial Panels, 2021-present
  • California Public Works Arbitration Program, 2022–present
  • Member, ABA Section for Dispute Resolution, 2022-present
  • Member, AAA-ICDR’s Council, 2022-present
  • Member, National Construction Dispute Resolution Council (NCDRC), 2022-present
  • Member and former Governing Board member, Forum on Construction Law, 1982-present and Division 5-General Contractors fka Project Performance – Past Chair
  • Member and former Chair Fidelity and Surety Law Committee, ABA Tort and Insurance Practice Section, 1982-present
  • Faculty Member, ABA Forum on Construction Law Trial Academy, 2012-present
  • Construction Lawyers Society of America – Charter Fellow Since 2018
  • U.C. Law San Francisco, formerly Hastings College of the Law Alumni Board of Governors — Past President and Foundation Board member
  • Associated General Contractors (AGC) of California, Legal Advisory Committee — Past Chair
  • CEB Real Property Advisory Committee — Past Member
  • ABA, Forum on Construction Law, Law Student Writing Competition – Past Chair