Kym Aguilar

Kymberli Aguilar

Senior Counsel

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Litigation and Dispute Resolution
Litigation and Dispute Resolution
San Francisco

Kym's practice includes the representation of owners, designers, contractors and public entities with respect to a full range of legal issues related to both public works and private construction projects.  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. Kym is familiar with and supports both traditional and alternative project delivery methods, including design-build, Integrated Project Delivery, Lean Construction and the use of Public-Private Partnerships.

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

Representative Work

Defended Los Angeles public agency against a delay, impact and extended overhead claim for $33 Million related to the construction of a regional transportation center facility and Essential Services Building.

Represented 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.

Represented an international consortium in litigation and arbitration of a $76 Million claim related to defects in the design, construction, and operation of a nitrogen facility.

Participated in the drafting of contract for the construction of a national health care facility primarily using Integrated Project Delivery.

Negotiated and drafted agreement between owner and design professional for design of a multi-million dollar center and museum to promote tolerance.

Publications

"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)

"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. 2010

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Professional Affiliations

American Bar Association – Forum on the Construction Industry, Member

Bar Association of San Francisco

Lean Construction Institute, Member

National Council for Public-Private Partnerships, Member

Academic Distinction

Judicial Extern to the Honorable William W Schwarzer, United States District Court Judge for the Northern District of California (Summer 1999)

Hastings Constitutional Law Quarterly, Articles Editor (1999-2000)

Education

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

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

Admissions And Courts

California

U.S. District Court for the Northern District of California

San Francisco

415-995-5881 Direct Phone
415-995-3470 Fax

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Firm Leadership

Pro Bono Committee