Kym helps public and private owners, designers, and contractors avoid or resolve construction disputes on commercial/industrial projects and public works of improvement. She has been integrally involved with litigating, arbitrating, and mediating matters concerning claims for delay and impact, design deficiency, payment disputes, cost overruns and construction defects. Kym also advises clients regarding the planning of construction projects, including negotiating and drafting complex construction agreements. She is familiar with and supports both traditional and alternative project delivery methods, including design- build, Integrated Project Delivery (IPD), Lean Construction and the use of Public-Private Partnerships.

 

Kym understands that legal issues can be resolved in a multitude of ways and the method used depends on the client's goals. Accordingly, she strives to provide services that efficiently and creatively support each client's unique business goals.

 

Education

  • J.D., University of California, Hastings College of the Law (2001)

  • B.A., University of California, Berkeley (1996)

 

Representative Work

Advised contractor regarding defense of claims and pursued counterclaims totaling more than $20 Million for payment of unpaid contract balance and uncompensated extra work, and defense of delay and defect claims related to the design and construction of a chemical facility. Supported litigation through multi-week private arbitration.

 

Represented luxury hotel with litigation claim involving defective gray sealant installed in over 6,400 insulating glass units that made up the entire exterior of the luxury hotel. The matter settled favorably after 5 weeks of trial.

 

Defended Los Angeles public agency against a delay, impact and extended overhead claim related to the construction of a regional transportation center facility and Essential Services Building.

 

Investigated and defended claims by a public entity against an ENR Top 50 design firm concerning the engineering and architectural design for the expansion and renovation of a wastewater treatment plant.

 

Lead counsel for local public entity related to contractor claims following the removal and replacement of historic bridges; worked with Department of Fish and Game toward resolution of outstanding violations.

 

Managed legal team who represented an international consortium in litigation and arbitration related to defects in the design, construction, and operation of a nitrogen facility.

 

Integrated Project Delivery

 

Provided IPD contract development, drafting and related services for the design and construction of a "net zero" environmentally sustainable space, with hopes to be the first living building challenge petal certified building in Alberta, Canada.

 

Negotiated and drafted IPD agreement and related documents to construct the Cherokee Indian Medical Center, focusing on building sustainable services to meet the future demand of the American Indians living in the five counties of western North Carolina.

Drafted IPD agreements and related documents for the design and construction of various showrooms and office spaces.

 

Publications

  • "Chapter 5: The Use of Technology for Project Collaboration and Building Information Modeling," co-author, Construction Law Handbook, Richard K. Allen, Stanley A. Martin eds., Aspen Publishers, 2d ed. 2009 & Supp. 2016

  • "Bay Bridge Construction: Don't Put Your Party Dress On Just Yet..." Infrastructure Law Blog (May 2013)

  • "Chapter 4: Legal Issues When Considering BIM For Facilities Management," co-author, BIM For Facility Managers, P. Tiecholz ed., IMFA Foundation and John Wiley & Sons (April 2013)

  • "Contractors Who Do Not Comply with Contract Claims Procedures May Be Held Liable for Liquidated Damages for Owner-Caused Delay," Construction Alert (December 2011)

  • "Groundbreaking Development in Future of P3s in California," Construction Alert (September 2011)

  • "Appellate court clears way for Presidio Parkway Project to move forward as a Public- Private Partnership," Infrastructure Law Blog (August 2011)

 

Presentations

  • “How To Develop An IPD Contract,” co-speaker, Integrated Project Delivery 2016 Conference (October 2016)

  • “The Alternative Route: Considerations for Using Design-Build and IPD," The Structural Engineers Association of Southern California (June 2014)

  • IPD From A Design Perspective," Business Forum of the Structural Engineers Association of Northern California (December 2013)

  • "Legal Issues Regarding Building Information Modeling (BIM)," co-speaker, BASF - Barristers Construction Law Section (September 2012)

 

Professional Affiliations

  • American Bar Association – Forum on the Construction Industry Bar Association of San Francisco

  • City of Alameda, Open Government Commission Lean Construction Institute National Council for Public-Private Partnerships

  • OneJustice Advisory Board

 

 

© 2017 by OTMK - Construction Industry Attorneys.

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