Overview
Keith Smith is a skilled trial lawyer known for his expertise in handling a wide variety of complex matters for both public entities and private clients. His practice areas spans complex commercial litigation including issues involving construction, securities/FINRA, employment, directors and officers, catastrophic injury and professional liability matters. He also handles numerous matters involving sureties, including payment and performance bond claims, mechanic’s lien release bonds, litigation bonds, surety takeovers and defaults on construction projects.
Keith is regularly retained by public entities and private clients for his litigation prowess handling high exposure catastrophic injury matters. These include traumatic brain injury, wrongful death, amputations and disfigurement claims. Keith acts as National Coordinating Counsel for a major motion picture studio for all injury claims nationwide, is regularly retained as monitoring counsel by clients and insurers to oversee and then take to trial large exposure claims. Under this umbrella are all facets of injury matters for motor carriers, public entities and private companies in growing out of transportation related issues. He is a sought out speaker at regional and national conferences where he shares his knowledge and experience on cutting edge trial issues ranging from nuclear verdicts to the reptile theory.
In the construction arena, Keith regularly represents residential and commercial builders, public and private owners, construction managers and design professionals in complex construction law matters. He has a proven record of results in matters involving almost every conceivable issue that can arise from a construction project. This includes payment disputes, mechanic’s lien, stop notice, bond claims, construction defects, delay, acceleration and inefficiency claims, extra work, differing site, changed condition and change order claims, construction site injuries, bid protests, debarment proceedings and False Claims Act disputes. He returned a defense verdict in one of the first construction cases to proceed to trial in California involving SB800, another first as that trial was completely paperless. A compliment to Keith’s construction practice, he is also an adjunct professor at the University of La Verne Law School, where he teaches California Construction Law.
Both public and private entities enjoy the experience and fact that Keith handles employment issues and is conversant in not only the risk management but litigation results in this area of law. This includes HR counseling, representation at EDD and pre-litigation agency hearings, and litigation of complex employment claims in court and in arbitration. He has successfully handled matters involving wrongful termination, wage and hour, PAGA, discrimination, disability, and sexual harassment.
Keith litigates a diverse group of professional liability claims, including the representation of securities brokers, attorneys, home inspectors, public adjusters, real estate professionals, veterinarians, architects, engineers, and surveyors. He is conversant and skilled in defending all sorts of habitability and hospitality issues which fall under this area of law, and has addressed issues for both public and private entities ranging from mold, occupational exposure to habitability. Keith also handles national claims for Legionnaires’ disease and is regularly called upon to address outbreaks and risk prevention for his clients.
Experience
Appellate Decisions
- LBA Realty Fund II-WBP III, LLC v. K. Hovnanian Forecast Homes, Inc. (2009) 2009 WL 583588 — Commercial landlord tenant dispute
Credentials
Education
- California Western School of Law (J.D., 2006)
- University of California, San Diego (B.A., 2002)
Licensed to Practice in
- California
Newsroom
News
Events, Seminars & Speaking Engagements
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"Navigating the Fallout: Lessons Learned from Nuclear Verdicts for Construction Professionals," Speaker, CLM Construction Conference, Huntington Beach, CA, September 20, 2024
Publications
- Co-Author, "Extending the Exception: PAGA Exemption for Construction Industry Stretched to 2038," in Construction Claims Magazine, Spring 2025
- Author, Covid-19 Hits the Construction Industry, in Construction Claims Magazine, Summer 2020
Community
Community Activities
- Board of Directors for the March of Dimes (Inland Empire Chapter)
- Event Chair, March of Dimes March for Babies Walk 2013
Memberships
- Adjunct Professor of California Construction Law, University of La Verne Law School
- California Building Industry Association
- AGC of California
- Council on Litigation Management, Construction Committee
- California's Coalition for Adequate School Housing (CASH)
- Construction Management Association of America (CMAA)