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.
- Representing 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 the owner of a natural gas pipeline in an ICC arbitration against an EPC contractor over claims of delay.
- 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.*
- Represented the owner of a Colombian oil refinery in a multibillion-dollar dispute against an EPC contractor before the ICC. *
- 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 US$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 US$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.*
* Matter handled prior to joining McDermott
- The Best Lawyers in America, Commercial Litigation, 2013 to 2023
- Who’s Who Legal, Construction, 2019
- Legal 500, Real Estate and Construction, 2016
George Washington University, JD, 1998
Lafayette College, BA, 1995
District of Columbia