Kym assists 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 disputes 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.
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.
Advised contractor regarding pursuit of multi-million dollar claims 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 chlor-alkali facility.
Investigated and defended multi-million dollar claims by the 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.
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.
Obtained a successful settlement for a public agency from designers and insurers concerning the retrofit of a historic bridge.
Drafted IPD agreements for the design and construction of showroom and office space, a healthcare facility, and the renovation of a masonic temple.
Negotiated and drafted agreement between owner and design professional for design of a multi-million dollar center and museum to promote tolerance.
"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)
"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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"Legal Issues Regarding Building Information Modeling (BIM)," co-speaker, BASF - Barristers Construction Law Section (September 2012)
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