Default Terminations and the Surety

Terminations are extreme remedies, but they do happen. When an obligee terminates a contractor for failure to perform under a bonded contract the surety will determine if the obligee has triggered the surety’s obligations to act under the bonded contract and express terms of the performance bond.

Marilyn Klinger, a partner at SMTD Law, will examine the possibilities of negotiating a settlement, possibility of takeover, financing, paying the obligee, buying out the bond, or denying the claim. This examination will include examples that help to bring to light the nuances that make up the complex realities of default terminations.

Marilyn Klinger

Managing Partner

SMTD Law LLP

Ms. Klinger serves as the Managing Partner of SMTD Law’s Los Angeles office. She is involved in all aspects of construction law on a state and national level, representing the full spectrum of the construction industry, from owners, contractors, subcontractors and sureties.

Ms. Klinger’s practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/mechanics liens/stop payment notices), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/inadequate plans and specifications and subcontractor substitutions) and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation and negotiation).

In addition, she has extensive experience in dispute resolution including litigation, trial, appeals, arbitration and mediation.

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