People: Steven J. Kmieciak, Partner

Steven J. Kmieciak

Partner

Washington, D.C.
Direct: (202) 828-5381
Fax: (202) 828-5393
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Mr. Kmieciak is a partner in the Washington, D.C. office of Seyfarth Shaw LLP. He regularly engages in counseling on commercial and government construction contract matters and specializes in the avoidance and resolution of disputes. He has been involved in many types of projects including industrial facilities, dredging, above-and below-ground heavy rail mass transit systems, bridges, buildings, airport facilities, container seaports and wharves, and civil works. He also has significant experience resolving claims arising from U.S. Government contacts other than construction. He has had significant responsibility for establishing and maintaining the Firm’s presence in Southeast Asia. Mr. Kmieciak has developed expertise in the following areas:

Contract Drafting and Interpretation: Mr. Kmieciak regularly engages in contract review, advising on risks and obligations, drafting alternative language, and assisting in negotiation of contract terms and conditions. He provides advice with regard to AIA, AGC, FIDIC, ICE, Singapore, Taiwan, U.S. Government, various State contract forms, as well as project-specific contracts. He also reviews and drafts joint venture agreements. He is able to analyze and interpret technical documents including engineering drawings, and he is familiar with cost plus, GMP, fixed price and design-build contracts. Mr. Kmieciak serves on the Contract Documents Committee of the Associated General Contractors of America.

Contract Administration: Mr. Kmieciak is frequently called upon to interpret contracts during the course of performance concerning issues such as notice of changes, claims and differing site conditions, delays and disruptions, suspension of work and terminations for convenience and default. He prepares, presents and negotiates claims. He has worked extensively with expert witnesses on issues of delay and disruption, inefficiency, cost, architecture, geotechnical engineering, dredging, structural engineering and construction techniques and procedures.

ADR and Litigation: Mr. Kmieciak has litigated cases in state and Federal courts and state and Federal Boards of Contract Appeals. He has participated in International Chamber of Commerce and American Arbitration Association arbitrations and resolved disputes through the use of mediation. He has extensive experience with the preparation and examination of expert witnesses in a variety of disciplines.

Mr. Kmieciak is a partner in the Washington, D.C. office of Seyfarth Shaw LLP. He regularly engages in counseling on commercial and government construction contract matters and specializes in the avoidance and resolution of disputes. He has been involved in many types of projects including industrial facilities, dredging, above-and below-ground heavy rail mass transit systems, bridges, buildings, airport facilities, container seaports and wharves, and civil works. He also has significant experience resolving claims arising from U.S. Government contacts other than construction. He has had significant responsibility for establishing and maintaining the Firm’s presence in Southeast Asia. Mr. Kmieciak has developed expertise in the following areas:

Contract Drafting and Interpretation: Mr. Kmieciak regularly engages in contract review, advising on risks and obligations, drafting alternative language, and assisting in negotiation of contract terms and conditions. He provides advice with regard to AIA, AGC, FIDIC, ICE, Singapore, Taiwan, U.S. Government, various State contract forms, as well as project-specific contracts. He also reviews and drafts joint venture agreements. He is able to analyze and interpret technical documents including engineering drawings, and he is familiar with cost plus, GMP, fixed price and design-build contracts. Mr. Kmieciak serves on the Contract Documents Committee of the Associated General Contractors of America.

Contract Administration: Mr. Kmieciak is frequently called upon to interpret contracts during the course of performance concerning issues such as notice of changes, claims and differing site conditions, delays and disruptions, suspension of work and terminations for convenience and default. He prepares, presents and negotiates claims. He has worked extensively with expert witnesses on issues of delay and disruption, inefficiency, cost, architecture, geotechnical engineering, dredging, structural engineering and construction techniques and procedures.

ADR and Litigation: Mr. Kmieciak has litigated cases in state and Federal courts and state and Federal Boards of Contract Appeals. He has participated in International Chamber of Commerce and American Arbitration Association arbitrations and resolved disputes through the use of mediation. He has extensive experience with the preparation and examination of expert witnesses in a variety of disciplines.

Education

  • J.D., University of Maryland School of Law (1979)
  • B.A., University of Notre Dame (1975)

Admissions

  • Texas
  • Maryland
  • California
  • District of Columbia

Courts

  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Courts of Maryland
  • U.S. District Court for the Southern District of Texas

Affiliations

  • American Arbitration Association (Arbitrator; Construction Panel of Arbitrators (1990-2000))
  • American Bar Association (Section of Public Contract Law; Forum Committee of the Construction Industry)
  • Associated General Contractors of America (Contract Documents Committee; International Construction Committee)
  • Jubilee Support Alliance (Member, Board of Directors (1999-2003))

Representative Engagements

  • Represented the owner in negotiating more than $700 million worth of design construct/EPC agreements for industrial facilities.
  • Represented the contractor in the negotiation of a construction contract with the developer of a major new U.S. Government headquarters facility.
  • Represented the general contractor in the preparation and negotiation of a multimillion dollar claim arising out of a contract to build a water treatment plant for a public agency in California.
  • Represented the contractor in a dispute with the Air Force and Corps of Engineers arising out of a contract to renovate and upgrade an Air Force base. The construction work included the installation of new underground fuel lines and other aircraft services, firefighting facilities and hangar reconstruction. Advised the client on contract interpretation issues, prepared and prosecuted the $20 million claim before the ASBCA. The case was settled after a minitrial.
  • Represented the Engineer providing advice on a series of FIDIC contracts in Africa.
  • Represented the owner of a factory in disputes arising out of a contract to install new mass production equipment. Provided advice on issues of contract interpretation and defended the contractor’s claims amounting to $5 million filed in Federal Court. The case was settled.
  • Represented a Belgian dredging contractor in its dispute with the owner arising out of a contract to dredge a harbor in Mexico. Prepared and prosecuted the claim and defended the counterclaim totalling $26 million in an arbitration before the International Chamber of Commerce, which was held in Geneva, Switzerland. The work on this case included the interpretation of the contract and the application of Mexican law to the contract.
  • Represented the contractor who was terminated for default on a construction project in Virginia. The case was eventually tried in a five month jury trial. Obtained a contractor’s verdict for $1.5 million and defeated an $8 million counterclaim.
  • Represented the State of Maryland in the defense of claims in excess of $20 million arising from work on the Baltimore Subway. Claims included substantial time extensions as well as many technical engineering issues. The defense required careful analysis and interpretation of the contract. The case was ultimately tried at the Maryland Board of Contract Appeals and judgment was rendered in favor of the State.
  • Represented the State of Maryland on the construction of a diked disposal facility in the Chesapeake Bay. The project was primarily a dredging project. Provided advice throughout the period of construction concerning contract interpretation issues, analyzed the claims submitted by the contractor, and defended those claims amounting to $15 million before the MSBCA. The case was ultimately settled.
  • Represented the curtainwall contractor in a four-week arbitration against the general contractor for changes and delays.
  • Represented the manufacturer of munitions for the Army. The dispute included an analysis of the mass production equipment installed and the processes that were used to perform the contract. Reviewed and analyzed the contract and prosecuted the $12 million claim before the ASBCA. The case settled on the eve of trial.
  • Provided advice to a contractor on the Taipei subway concerning significant provisions of its contract and on contract administration issues.

Publications

  • Co-Author, “Accounting Issues in Fraud Investigations,” Construction Accounting: A Guide for Attorneys and Other Professionals, ABA Forum on the Construction Industry, Chapter 11(2010)
  • Contributing Author, “Contracting For International Construction Works,” Construction Law Handbook, Wolters Kluwer, Second Edition, Chapter 41 (2009)
  • Contributing Author, “AGC Document No. 520: Standard Form of Agreement Between Owner And Trade Contractor,” AGC Contract Documents Handbook, Aspen Publishers, Chapter 9(2003)
  • “Construction Briefings: The State Department’s Embassy Construction Program,”  Federal Publications – A West Group Company, Second Series (August 1999)