Biography

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

Admissions

• California
• District of Columbia
• Maryland
• Texas

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