Basic Construction Damages Methodologies 101
Recorded On: 12/16/2021
Mike Timpane and Marilyn Klinger of SMTD Law, LLP will outline and discuss the ever-evolving types of methodologies that contractors utilize to prove construction damages, that is, claims for additional compensation, assuming they have already proved entitlement. Some examples include “The Direct Damages” Method (also known as “Actual Cost” or “Discrete Cost”); the Total Cost Method; the Modified Total Cost Method; the Quantum Meruit Method; and the Jury Verdict Method.
Michael J. Timpane
Partner, SMTD Law, LLP
SMTD Law, LLP
Mike Timpane is a partner with SMTD Law, LLP, and manages SMTD’s Northern California office. Mike began his career in 1984 with the firm of Knecht, Haley, Lawrence and Smith, became a partner there in 1992, and co-founded the firm of Wolkin and Timpane, LLP in 1995. In 2004, Mike trained and then began practicing as a mediator and arbitrator. After developing a substantial ADR practice, Mike became a member of the JAMS Global Engineering and Construction Group from 2008-2012. Mike joined SMTD Law in 2012, and just celebrated his ninth anniversary with the firm.
In his 37 years of practice, Mike has focused on litigating and resolving surety and construction matters. Mike frequently writes and lectures on surety and construction topics, most recently co-authoring Chapter 3 of the 2018 Law of Performance Bonds, published by the ABA, and has presented to the NASBP in the past. Mike also remains a highly experienced and sought-after neutral, with an active private mediaton practice as well as being a member of the AAA Large and Complex Case and Construction Arbitration panels.
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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