Overview
David (Dave) Kiefer focuses his practice on litigation and arbitration matters arising out of construction and energy disputes over large, international infrastructure projects, including megaprojects valued in the billions of dollars. He is intimately familiar with the technical and commercial aspects of these projects and routinely advises clients as project disputes arise, making him an effective and efficient advocate.
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 International Chamber of Commerce, the International Centre for Dispute Resolution, and the American Arbitration Association.
Results
- Represented an owner of a multi-billion-dollar LNG export facility in an ICC arbitration against an EPC contractor over the design and construction of the facility
- Representing an Italian multinational contractor and its Russian subsidiary in an ICC arbitration over claims of wrongful termination arising out of the design and construction of a fertilizer plant in Russia
- Obtained a $1 billion award against an EPC contractor on behalf of an owner of a Colombian oil refinery in an ICC arbitration*
- 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 nuclear power plant*
- Represented an owner in a $600 million ICC arbitration over the design and construction of floating oil and gas processing plants off the coast of Brazil*
- 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 the owner of a natural gas pipeline in an ICC arbitration against an EPC contractor over claims of delay
- Represented a public owner of a 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*
- Represented an independent power producer in an arbitration involving more than $500 million in delay, inefficiency, and defect claims arising from the design and construction of a super-critical, coal-fired power plant*
- 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 natural gas fired, combined cycle power plant in an ICDR arbitration over claims of wrongful termination and schedule delay*
- 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*
- 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*
- Representation of numerous general contractor trade associations that acted as amici curiae before the United States Court of Appeals for the Second Circuit in the World Trade Center Disaster Site litigation*
- 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
Recognitions
- Chambers USA, International Arbitration, 2025
- Best Lawyers in America, Commercial Litigation (2013-2026), International Arbitration – Commercial, 2026
- Legal 500, Real Estate and Construction, 2016; International Arbitration, 2024-2025
- Who’s Who Legal, Construction, 2019
Community
- New York City Region of the Society of Construction Law, North America, co-chair
Credentials
Education
George Washington University, JD, 1998
Lafayette College, BA, 1995
Admissions
District of Columbia
New Jersey
New York