Steven J.Kmieciak
Senior Counsel
Construction & Government Contracts
skmieciak@seyfarth.com
Steve partners with clients to engineer a successful outcome for their government contracts and construction projects. He provides both practical and strategic guidance to bring the project to a successful conclusion.
More About Steve
Project owners and contractors look to Steve to evaluate their goals, recognize the risks, and provide useful guidance—both practical and strategic—in selecting and implementing appropriate project delivery systems. If problems arise during a project, Steve takes a practical approach and helps clients resolve the matters effectively and efficiently, and when necessary, leads the client through the disputes resolution process, whether it be Disputes Review Boards, arbitration, or litigation.
Government contractors providing supplies and services to the US Government rely on Steve to aid them in navigating the complexities of the Federal Acquisition Regulation, and the related issues of compliance and costs. When a dispute arises government contractors look to Steve for leadership in preparing and negotiating claims, and when necessary litigating those claims before the Boards of Contract Appeals and the Court of Federal Claims.
In his 40 years of practice, Steve has participated in all aspects of major construction projects—international and domestic, public and private. He has represented contractors, industrial owners, commercial developers, and governments, where he drafted and negotiated contracts, advised on matters arising during construction, prepared and presented claims, and resolved disputes in international and domestic arbitrations, as well as federal and state courts. That extensive, diverse experience has shaped Steve's 360-degree approach when guiding clients through the complexities of construction projects. Steve has been involved in all aspects of many types of projects, including high-rise office and condominium projects, hotels, industrial facilities, dredging, above- and below-ground heavy rail mass transit systems, bridges, airport facilities, container seaports, and wharves and civil works.
As a government contracts lawyer, Steve’s practice has run the gamut from bid protests to counseling on a variety of FAR issues, including compliance, cost accounting, terminations (for convenience and default), false claims, defense of qui tam actions, Foreign Military Sales contract negotiations, and litigating claims before the Boards of Contract Appeals and the US Court of Federal Claims. Steve has worked extensively with experts in many relevant fields, including aerospace, munitions, geotechnical and structural engineering, chemical engineering, scheduling, and forensic accounting.
Steve's years of experience have taught him to take a thoughtful and comprehensive approach to risk avoidance and problem solving. His dispute resolution experience allows him to recognize and avoid risks during the drafting and negotiation phases of projects more effectively than those with only transactional experience. Steve's drafting and negotiation experience has helped him better understand challenges that arise during performance, and that drive disputes enabling him to effectively and efficiently resolve matters and disputes.
Steve is proud to be part of a great group of attorneys at Seyfarth's Construction and Government Contracts group, who make the practice of law even more satisfying and rewarding. For Steve, working on construction projects has always been fascinating, because of the process, as well as the legal work needed to ensure its success. People in the construction industry are unique in their commitment to solving problems and getting things done—just one more reason that Steve finds his work so satisfying.
Government contractors providing supplies and services to the US Government rely on Steve to aid them in navigating the complexities of the Federal Acquisition Regulation, and the related issues of compliance and costs. When a dispute arises government contractors look to Steve for leadership in preparing and negotiating claims, and when necessary litigating those claims before the Boards of Contract Appeals and the Court of Federal Claims.
In his 40 years of practice, Steve has participated in all aspects of major construction projects—international and domestic, public and private. He has represented contractors, industrial owners, commercial developers, and governments, where he drafted and negotiated contracts, advised on matters arising during construction, prepared and presented claims, and resolved disputes in international and domestic arbitrations, as well as federal and state courts. That extensive, diverse experience has shaped Steve's 360-degree approach when guiding clients through the complexities of construction projects. Steve has been involved in all aspects of many types of projects, including high-rise office and condominium projects, hotels, industrial facilities, dredging, above- and below-ground heavy rail mass transit systems, bridges, airport facilities, container seaports, and wharves and civil works.
As a government contracts lawyer, Steve’s practice has run the gamut from bid protests to counseling on a variety of FAR issues, including compliance, cost accounting, terminations (for convenience and default), false claims, defense of qui tam actions, Foreign Military Sales contract negotiations, and litigating claims before the Boards of Contract Appeals and the US Court of Federal Claims. Steve has worked extensively with experts in many relevant fields, including aerospace, munitions, geotechnical and structural engineering, chemical engineering, scheduling, and forensic accounting.
Steve's years of experience have taught him to take a thoughtful and comprehensive approach to risk avoidance and problem solving. His dispute resolution experience allows him to recognize and avoid risks during the drafting and negotiation phases of projects more effectively than those with only transactional experience. Steve's drafting and negotiation experience has helped him better understand challenges that arise during performance, and that drive disputes enabling him to effectively and efficiently resolve matters and disputes.
Steve is proud to be part of a great group of attorneys at Seyfarth's Construction and Government Contracts group, who make the practice of law even more satisfying and rewarding. For Steve, working on construction projects has always been fascinating, because of the process, as well as the legal work needed to ensure its success. People in the construction industry are unique in their commitment to solving problems and getting things done—just one more reason that Steve finds his work so satisfying.
- JD, University of Maryland Francis King Carey School of Law
- BA, University of Notre Dame
International RelationsCertificate in Latin American Studies
- District of Columbia
- Maryland
- US Court of Appeals, Fourth Circuit
- US Court of Federal Claims
- US District Court, District of Columbia
- US District Court, District of Maryland
Related Key Industries
- Represented the owner in structuring and negotiating EPC and other contracts for the development of a $1.5 billion nitrogen fertilizer facility.
- Represented the owner in negotiating EPC contracts valued at more than $1 billion for industrial facilities, including separate contracts for the purchase and integration of production equipment.
- Represented the contractor in defense of a qui tam case arising out of an Air Force contract.
- Represented a European armaments manufacturer in the negotiation of a subcontract for armored vehicle turret configurations for a Foreign Military Sale to Saudi Arabia.
- Represented an international munitions contractor in a dispute arising out of a requirements contract with L-3.
- Represented the manufacturer of satellite components in a $200 million dispute with the Air Force arising out of an R&D contract converted to a production contract, that was settled while pending at the ASBCA.
- Represented the contractor developing, manufacturing and installing early warning radar stations in Europe pursuant to a contract with NATO.
- Represented the contractor in the negotiation of a construction contract with the developer of a major new US Government headquarters facility having a value exceeding $500 million.
- Represented the design builder with regard to changes and claims arising out of the design build contract for a US Government owned and operated engine plant.
- 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 matters, 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 matters 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 totaling $26 million in an arbitration before the International Chamber of Commerce, which was held in Geneva, Switzerland.
- 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 curtain wall contractor in a four-week AAA arbitration against the general contractor for changes and delays, and defended against the contractor's counterclaims.
- 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.
- Represented an EPC contractor in a $50 million dispute on a chemical plant project in an arbitration before the International Chamber of Commerce.
Related News & Insights
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Webinar
Dec 11, 2024
Micro-Webinar Series - The Legal Landscape of Hospitality: Key Perspectives and Considerations
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Blog Post
Nov 19, 2024
Steve Kmieciak and Sara Beiro Farabow to Present Micro-Webinar: “Adapting Standard Construction Forms for Overseas Hospitality Renovations”
-
Firm News
08/15/2024
220 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2025
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Attorney Publication
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Now Available! Seyfarth’s 50 State Lien Law Notice Requirements Guide (2023-2024 Edition)
- Recognized in The Best Lawyers in America for Construction Law (Woodward/White Inc.) (2016-2025)
- Recognized in Chambers USA for Construction - District of Columbia (2012-2015)
- Recognized in The Legal 500 for Real Estate and Construction (Legalese Ltd.) (2011-2012)
- Rated AV preeminent, Martindale-Hubbell
- American Arbitration Association (Construction Panel of Arbitrators, 1990-2000, 2009-present; former member of the National Construction Dispute Resolution Committee)
- American Bar Association (Public Contract Law Section; Forum on the Construction Industry)
- Associated General Contractors of America (Contract Documents Forum; International Construction Committee; Government Affairs Committee; NAVFAC and Corps of Engineers)
- Jubilee Support Alliance board of directors, 1999-2003
- 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)
- Regularly presented seminars to clients on U.S Government Contracts and Construction Law Issues
Steve partners with clients to engineer a successful outcome for their government contracts and construction projects. He provides both practical and strategic guidance to bring the project to a successful conclusion.
More About Steve
Project owners and contractors look to Steve to evaluate their goals, recognize the risks, and provide useful guidance—both practical and strategic—in selecting and implementing appropriate project delivery systems. If problems arise during a project, Steve takes a practical approach and helps clients resolve the matters effectively and efficiently, and when necessary, leads the client through the disputes resolution process, whether it be Disputes Review Boards, arbitration, or litigation.
Government contractors providing supplies and services to the US Government rely on Steve to aid them in navigating the complexities of the Federal Acquisition Regulation, and the related issues of compliance and costs. When a dispute arises government contractors look to Steve for leadership in preparing and negotiating claims, and when necessary litigating those claims before the Boards of Contract Appeals and the Court of Federal Claims.
In his 40 years of practice, Steve has participated in all aspects of major construction projects—international and domestic, public and private. He has represented contractors, industrial owners, commercial developers, and governments, where he drafted and negotiated contracts, advised on matters arising during construction, prepared and presented claims, and resolved disputes in international and domestic arbitrations, as well as federal and state courts. That extensive, diverse experience has shaped Steve's 360-degree approach when guiding clients through the complexities of construction projects. Steve has been involved in all aspects of many types of projects, including high-rise office and condominium projects, hotels, industrial facilities, dredging, above- and below-ground heavy rail mass transit systems, bridges, airport facilities, container seaports, and wharves and civil works.
As a government contracts lawyer, Steve’s practice has run the gamut from bid protests to counseling on a variety of FAR issues, including compliance, cost accounting, terminations (for convenience and default), false claims, defense of qui tam actions, Foreign Military Sales contract negotiations, and litigating claims before the Boards of Contract Appeals and the US Court of Federal Claims. Steve has worked extensively with experts in many relevant fields, including aerospace, munitions, geotechnical and structural engineering, chemical engineering, scheduling, and forensic accounting.
Steve's years of experience have taught him to take a thoughtful and comprehensive approach to risk avoidance and problem solving. His dispute resolution experience allows him to recognize and avoid risks during the drafting and negotiation phases of projects more effectively than those with only transactional experience. Steve's drafting and negotiation experience has helped him better understand challenges that arise during performance, and that drive disputes enabling him to effectively and efficiently resolve matters and disputes.
Steve is proud to be part of a great group of attorneys at Seyfarth's Construction and Government Contracts group, who make the practice of law even more satisfying and rewarding. For Steve, working on construction projects has always been fascinating, because of the process, as well as the legal work needed to ensure its success. People in the construction industry are unique in their commitment to solving problems and getting things done—just one more reason that Steve finds his work so satisfying.
Government contractors providing supplies and services to the US Government rely on Steve to aid them in navigating the complexities of the Federal Acquisition Regulation, and the related issues of compliance and costs. When a dispute arises government contractors look to Steve for leadership in preparing and negotiating claims, and when necessary litigating those claims before the Boards of Contract Appeals and the Court of Federal Claims.
In his 40 years of practice, Steve has participated in all aspects of major construction projects—international and domestic, public and private. He has represented contractors, industrial owners, commercial developers, and governments, where he drafted and negotiated contracts, advised on matters arising during construction, prepared and presented claims, and resolved disputes in international and domestic arbitrations, as well as federal and state courts. That extensive, diverse experience has shaped Steve's 360-degree approach when guiding clients through the complexities of construction projects. Steve has been involved in all aspects of many types of projects, including high-rise office and condominium projects, hotels, industrial facilities, dredging, above- and below-ground heavy rail mass transit systems, bridges, airport facilities, container seaports, and wharves and civil works.
As a government contracts lawyer, Steve’s practice has run the gamut from bid protests to counseling on a variety of FAR issues, including compliance, cost accounting, terminations (for convenience and default), false claims, defense of qui tam actions, Foreign Military Sales contract negotiations, and litigating claims before the Boards of Contract Appeals and the US Court of Federal Claims. Steve has worked extensively with experts in many relevant fields, including aerospace, munitions, geotechnical and structural engineering, chemical engineering, scheduling, and forensic accounting.
Steve's years of experience have taught him to take a thoughtful and comprehensive approach to risk avoidance and problem solving. His dispute resolution experience allows him to recognize and avoid risks during the drafting and negotiation phases of projects more effectively than those with only transactional experience. Steve's drafting and negotiation experience has helped him better understand challenges that arise during performance, and that drive disputes enabling him to effectively and efficiently resolve matters and disputes.
Steve is proud to be part of a great group of attorneys at Seyfarth's Construction and Government Contracts group, who make the practice of law even more satisfying and rewarding. For Steve, working on construction projects has always been fascinating, because of the process, as well as the legal work needed to ensure its success. People in the construction industry are unique in their commitment to solving problems and getting things done—just one more reason that Steve finds his work so satisfying.
- JD, University of Maryland Francis King Carey School of Law
- BA, University of Notre Dame
International RelationsCertificate in Latin American Studies
- District of Columbia
- Maryland
- US Court of Appeals, Fourth Circuit
- US Court of Federal Claims
- US District Court, District of Columbia
- US District Court, District of Maryland
Related Key Industries
- Represented the owner in structuring and negotiating EPC and other contracts for the development of a $1.5 billion nitrogen fertilizer facility.
- Represented the owner in negotiating EPC contracts valued at more than $1 billion for industrial facilities, including separate contracts for the purchase and integration of production equipment.
- Represented the contractor in defense of a qui tam case arising out of an Air Force contract.
- Represented a European armaments manufacturer in the negotiation of a subcontract for armored vehicle turret configurations for a Foreign Military Sale to Saudi Arabia.
- Represented an international munitions contractor in a dispute arising out of a requirements contract with L-3.
- Represented the manufacturer of satellite components in a $200 million dispute with the Air Force arising out of an R&D contract converted to a production contract, that was settled while pending at the ASBCA.
- Represented the contractor developing, manufacturing and installing early warning radar stations in Europe pursuant to a contract with NATO.
- Represented the contractor in the negotiation of a construction contract with the developer of a major new US Government headquarters facility having a value exceeding $500 million.
- Represented the design builder with regard to changes and claims arising out of the design build contract for a US Government owned and operated engine plant.
- 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 matters, 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 matters 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 totaling $26 million in an arbitration before the International Chamber of Commerce, which was held in Geneva, Switzerland.
- 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 curtain wall contractor in a four-week AAA arbitration against the general contractor for changes and delays, and defended against the contractor's counterclaims.
- 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.
- Represented an EPC contractor in a $50 million dispute on a chemical plant project in an arbitration before the International Chamber of Commerce.
Related News & Insights
-
Webinar
Dec 11, 2024
Micro-Webinar Series - The Legal Landscape of Hospitality: Key Perspectives and Considerations
-
Blog Post
Nov 19, 2024
Steve Kmieciak and Sara Beiro Farabow to Present Micro-Webinar: “Adapting Standard Construction Forms for Overseas Hospitality Renovations”
-
Firm News
08/15/2024
220 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2025
-
Attorney Publication
12/14/2023
Now Available! Seyfarth’s 50 State Lien Law Notice Requirements Guide (2023-2024 Edition)
- Recognized in The Best Lawyers in America for Construction Law (Woodward/White Inc.) (2016-2025)
- Recognized in Chambers USA for Construction - District of Columbia (2012-2015)
- Recognized in The Legal 500 for Real Estate and Construction (Legalese Ltd.) (2011-2012)
- Rated AV preeminent, Martindale-Hubbell
- American Arbitration Association (Construction Panel of Arbitrators, 1990-2000, 2009-present; former member of the National Construction Dispute Resolution Committee)
- American Bar Association (Public Contract Law Section; Forum on the Construction Industry)
- Associated General Contractors of America (Contract Documents Forum; International Construction Committee; Government Affairs Committee; NAVFAC and Corps of Engineers)
- Jubilee Support Alliance board of directors, 1999-2003
- 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)
- Regularly presented seminars to clients on U.S Government Contracts and Construction Law Issues