David (Dave) Kiefer focuses his practice on litigation and arbitration matters arising out of construction and engineering disputes over large, international energy and 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.
Dave has successfully prosecuted and defended against large and complex claims before federal and state courts, as well as domestic and international arbitration panels, for over 20 years. He has represented clients in arbitrations before 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.
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 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 *
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*
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*
Prosecuted design defect claims on behalf of a Fortune 100 company against the architect of its iconic headquarters building*
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*
Do not send any information or documents that you want to have treated as secret or confidential. Providing information to McDermott via email links on this website or other introductory email communications will not create an attorney-client relationship; will not preclude McDermott from representing any other person or firm in any matter; and will not obligate McDermott to keep confidential the information you provide. McDermott cannot enter into an attorney-client relationship with you until McDermott has determined that doing so will not create a conflict of interest and until you and McDermott have entered into a written agreement or engagement letter that sets forth the terms of our relationship.