ksmith@pkec.law
818-431-5400
in

PARTNER

Kathlynn Smith

Kathlynn Smith has extensive experience representing the construction industry in complex construction litigation and transactional matters. For over 10 years, Ms. Smith's practice has been devoted to representing owners, developers, contractors, subcontractors, and suppliers on both public and private works of improvement in a wide variety of matters from project inception through trial. In particular, Ms. Smith has successfully represented her clients in the litigation and arbitration of claims involving scope of work disputes, delay, disruption and acceleration, mechanic's liens and stop notices, payment and performance bonds, bid protests, licensing, and construction defects. In addition, Ms. Smith is experienced in drafting and reviewing construction contracts, contract administration, and drafting procurement documents. Ms. Smith has successfully resolved complex construction disputes involving multi-million dollar claims as well as assisted her clients procure or negotiate contracts for large complex public and private works of improvement. Having represented all stakeholders in the construction industry, Ms. Smith has a unique perspective on the process and the parties’ legal positions that leads to effective strategies for her clients.

Ms. Smith is a frequent presenter and author on various topics related to or that impact the construction industry. 

Honors and Awards

  • Recognized as Southern California Super Lawyer for 2019 – 2020, by Super Lawyers

  • Recognized as Southern California Rising Star for 2014

  • Recognized as Member of the Year in 2013 by Women Construction Owners and Executives

  • Nominated for Los Angeles Business Journal’s Women Making a Difference in 2012 

Speaking Engagements

  • LEEDing Ladies Series, U.S. Green Building Council, Los Angeles

  • Public Work Contracts and Contracting, Merriwether Williams Contract Award and Management Training Academy

  • Get Paid: Mechanics Liens, Stop Payment Notices, and Bond Claims, Building Industry Credit Association and Construction Management Association of America

  • Legal Issues in Green Construction, U.S. Green Building Council, Los Angeles

  • Design Errors, Changed Conditions, and Delays, Oh My! Pursuing and Proving Construction Claims, California Plumbing & Mechanical Contractors Association

  • Hard Hats and High Heels: Being a Smart Girl in Construction, Women in Construction Operations

  • Pay Up or Else: The Power of California’s Prompt Payment Statutes, Engineering Contractors Association

  • Out of the Trenches and Into the Courtroom: A Legal and Practical Discussion of the False Claims Act, Association for the Advancement of Cost Engineering, Southern California Fall Symposium

  • Expanding Obligations for Contractors on Federal Public Works Projects, Women Construction Owners and Executives, Annual Congressional and Leadership Conference

  • Risk Allocation in the Time of Design-Build, Design-Build Institute of America, National Conference and Expo

  • The Good, the Bad, and the Contract Award: Public Works Bidding and Protesting, Engineering Contractors Association

  • Can Your Innocent Error Put You in the Crosshairs of the Department of Justice?, Women Construction Owners and Executives, Western Regional Conference

  • The 10 Key Contract Terms: What You Don’t Know Can Hurt You, California Plumbing & Mechanical Contractors Association

  • Fundamentals of Construction Contracts: Understanding the Issues in California

  • If You BUILD It, They Will Come, LEEDing Ladies Series, U.S. Green Building Council, Los Angeles, co-presented with Jennifer Tung

  • Consequences of Consequential Damages, LEEDing Ladies Series, U.S. Green Building Council, Los Angeles, co-presented with Jennifer Tung

  • May the Force (Majeure) Be With You, LEEDing Ladies Series, U.S. Green Building Council, Los Angeles, co-presented with Jennifer Tung

  • Designer's Risk(y Business), LEEDing Ladies Series, U.S. Green Building Council, Los Angeles, co-presented with Jennifer Tung

  • Contract Award and Review, Merriwether & Williams Insurance Services, co-presented with Jennifer Tung

  • Legal Issues in Green Construction, Municipal Green Building Conference & Expo, U.S. Green Building Council, Los Angeles, co-presented with Jennifer Tung

 

Bar Admissions

  • State Bar of California

  • United States District Court for the Central, Southern, Northern, and Eastern Districts of California

Education

  • J.D., cum laude, University of San Diego School of Law, 2004

  • B.A., University of Michigan, 2000

Representative Matters

  • Obtained verdict in favor of project owner in a bench trial establishing that a general contractor was unlicensed and willfully violated the Contractors Licensing Laws.

  • Obtained verdict in favor of general contractor against project owner and its mechanics lien release bond surety following three week bench trial, including a total defense verdict on owner's cross-complaint.

  • Settled complex, multi-million dollar construction litigation on behalf of a government agency, which involved breach of contract claims, including scope of work disputes and damages for delay, as well as allegations of the contractor's violation of the California False Claims Act.

  • Settled multimillion dollar action on behalf of public agency following termination of general contractor asserting claims of design defect, impossibility, and commercial impracticability.

  • Settled contract claims on behalf of electrical contractor on 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 photovoltaic solar system on the campuses of a large private hospital.

  • Settled breach of contract and Miller Act Claims on behalf of general contractor following termination of subcontractor on project for the Department of the Navy.

  • Successfully appealed judgment against commercial landlord for compensatory and punitive damages.

  • Obtained writ of mandate from Court of Appeal that reversed a trial court's order sustaining a demurrer to general contractor's cause of action for violation of California's Prompt Payment Statutes without leave to amend.

  • Settled breach of contract claims on behalf of general contractor for fraction of subcontractor's claim hours before arbitration was scheduled to begin.

  • Settled multi-million dollar dispute between a hotel developer and steel contractor that included claims of defective design, delay, and loss of productivity.

  • Successfully assisted engineering contractor resolve dispute with public agency regarding claims of differing site conditions prior to initiation of lawsuit.

  • Successfully assisted large glazing subcontractor present and settle close out claim for additional work and schedule delays and inefficiencies.

  • Successfully appealed to the Federal Department of Transportation a wrongful denial by Caltrans 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.

Credentials

Professional Background

  • Hunt Ortmann, 2009 – 2021

  • Nossaman, LLP, 2006 – 2009