David Kiefer

For over 25 years, Dave has successfully advocated for clients in complex, high-stakes cases before federal and state courts across the country, as well as domestic and international arbitration panels, including the International Chamber of Commerce, the International Centre for Dispute Resolution and the American Arbitration Association. He is also currently the co-chair of the New York City Region of the Society of Construction Law, North America.

See less

• Represented an independent power producer in an AAA arbitration involving more than $500 million in delay, inefficiency, and defect claims arising from the design and construction of a $2 billion super-critical, coal-fired power plant. Managed root cause analysis of defects conducted by experts before arbitration*
• Advised owner of multiple, multi-billion-dollar floating oil and gas processing plants on claims asserted by EPC contractors. Represented owner in a $600 million ICC arbitration over claims related to one of the plants*
• Represented the owner of a wind farm in state court litigation against the supplier of wind turbines over claims of design defects and gross negligence
• Successful representation of a nuclear reactor designer and equipment supplier in an ICC arbitration, securing $158 million award against an Asian national power company arising out of the construction of a $10 billion nuclear power plant*
• Represented a public owner of a $1 billion light rail transit project in months of trial against a design-build consortium involving more than $300 million in claims for disputed extra work, delays and defects*
• Prosecution of bad faith and willful misconduct claims against an EPC contractor on behalf of a power generation and development company over the design and construction of a natural-gas-fired, combined cycle power plant*
• Represented the owner of a natural gas pipeline in an ICC arbitration against an EPC contractor over claims of delay
• Advised owner of what will become the largest solar project in the United States on issues related to schedule delay
• Represented the asset management owner of a $1 billion natural gas fired, combined cycle power plant in an ICDR arbitration over claims of wrongful termination and schedule delay*
• Prosecuted design defect claims in state court on behalf of a Fortune 100 company against the architect of its iconic headquarters building in New York City*
• Represented one of the world’s largest heavy equipment suppliers in an ICC arbitration against a major construction and engineering company concerning a project to interconnect the power grids of six Central American countries*
• Represented a major global contractor and power equipment supplier in an ICC hearing over the design and construction of a power plant in the Caribbean*
• Represented a manufacturer of specialized membrane products in a state court action defending against claims of fraud and design defects related to a water treatment facility*
• Represented developer on disputes arising from renewable projects, including high-capacity battery storage facilities*

*Matter handled prior to joining the firm

See less