Kathlynn Smith

Professional Overview

Kathlynn Smith is a construction litigator and trusted advisor to the construction industry, with almost two decades’ worth of experience taking complex construction disputes from the ground up — through negotiation, arbitration, and trial. She represents owners, developers, general contractors, subcontractors, and suppliers on both public and private projects throughout California, bringing a practical, results-oriented approach at every stage of a project’s lifecycle.

Kathlynn has successfully litigated and arbitrated multi-million-dollar claims involving scope of work disputes, delay, disruption and acceleration, mechanics liens and stop notices, payment and performance bonds, bid protests, licensing, and construction defects. She has tried multiple cases to verdict and is equally at home at the negotiating table, advising clients on construction agreements, contract administration, and project close-out strategies for large public and private works.

Having represented every major stakeholder in the construction industry — from owners and developers to contractors and suppliers — Kathlynn brings a rare, 360-degree perspective to every matter. She understands not just the legal landscape, but the practical realities her clients face, and works collaboratively with them to develop strategies that protect their interests and move their projects forward.

Kathlynn is a frequent speaker and author on construction law topics, sharing her insights with industry professionals across the field.

Representative Matters

• Obtained a $16.3 million jury verdict in favor of a general contractor against its electrical subcontractor on large infrastructure project in San Francisco and defeated subcontractor’s claim of almost $30 million. In addition, settled approximately $200 million worth of claims with the owner and other subcontractors asserting contract and delay claims on the same public works project.
• Obtained a verdict in favor of a project owner in a bench trial establishing that a general contractor was unlicensed and willfully violated the Contractors Licensing Laws.
• Obtained a verdict in favor of a general contractor against a project owner and its mechanics lien release bond surety following a three-week bench trial, including a total defense verdict on the owner’s cross-complaint.
• Settled complex, multimillion-dollar construction litigation on behalf of a public agency involving breach of contract claims, including scope of work disputes and damages for delay, as well as allegations that the contractor violated the California False Claims Act.
• Settled a multimillion-dollar action on behalf of a public agency following termination of a general contractor asserting claims of design defect, impossibility, and commercial impracticability.
• Settled contract claims on behalf of an electrical contractor on a commercial project involving design defects and scope of work disputes.
• Settled contract and construction defect claims on a series of projects calling for the installation of support structure for a photovoltaic solar system on the campuses of a large private hospital.
• Settled breach of contract and Miller Act claims on behalf of a general contractor following termination of a subcontractor on a federal military project.
• Successfully appealed a judgment against a commercial landlord for compensatory and punitive damages.
• Obtained a writ of mandate from the Court of Appeal reversing a trial court’s order that sustained, without leave to amend, a demurrer to a general contractor’s cause of action for violation of California’s prompt payment statutes.
• Settled breach of contract claims on behalf of a general contractor for a fraction of the subcontractor’s claim hours before arbitration was scheduled to begin.
• Settled a multimillion-dollar dispute between a hotel developer and a steel contractor involving claims of defective design, delay, and loss of productivity.
• Assisted an engineering contractor in resolving a dispute with a public agency regarding claims of differing site conditions before any lawsuit was filed.
• Assisted a large glazing subcontractor in presenting and settling a close-out claim for additional work and for schedule delays and inefficiencies.
• Successfully appealed to the United States Department of Transportation a state transportation agency’s wrongful denial of a steel contractor’s application for certification as a woman-owned business.
• Negotiated and drafted numerous commercial construction contracts and subcontracts in connection with various project delivery methods, including lump sum, cost-plus, and design-build projects.