Kevin D. Oles
Senior Managing Associate
Kevin counsels clients globally on growth and development in the energy and infrastructure industries. His experience in construction projects includes the United States, the Middle East/North Africa and the Far-East Asian markets. His construction experience starts at project delivery counseling, continues through contract negotiations and drafting, and includes counseling clients on claims, arbitration and litigation.
Recognized by his peers for his capabilities and skills in construction and construction litigation, he has also received praise for his alternative dispute resolution methods and skills, including arbitration and mediation. Kevin’s interest in design and construction started in college with a modern architecture class and led to his publishing of a thesis examining the design style and themes of British architect Norman Foster.
After attending law school, he served as a law clerk to Chief Judge Charles M. Caldwell of the U.S. Bankruptcy Court for the Southern District of Ohio.
Kevin regularly writes and speaks on legal issues in construction, alternative dispute resolution, international disputes and coaches law students at The Ohio State University, Moritz College of Law in oral advocacy.
Kevin’s construction experience ranges from project delivery counseling, drafting and negotiating contracts, assisting clients in evaluating claims for defect, delay and prolongation, and representing clients in disputes. Kevin has experience in megaprojects, energy and heavy industry works, national security infrastructure, airports and land reclamation. Representative projects include:
- Advising one of the world’s largest energy companies on new construction projects, including transmission lines, expansion of transmission lines and other infrastructure improvements. Drafted and negotiated multiple EPC agreements with international contractors.
- Advising OEM equipment supplier delivering power plant equipment on contract dispute including delay analysis evaluation and contract closeout with the plant owner.
- Advising multifamily housing developing in the drafting of multifamily construction projects.
- Defense of prime contractor for a hospital construction project, evaluating subcontractor claims, mechanic’s lien discharge applications, and claims negotiations.
- Assisting an owner in project delivery, contract drafting and negotiations for a new wing to the owner’s corporate headquarters
- Representing landlords and tenants during lease drafting and negotiations.
- Assisting subcontractor in defending claims of defective construction of a multi-family construction project.
- Representing surveying and inspecting companies for damage claims arising from pipeline construction in Southern Ohio.
- Representing pipeline contractors in state and federal courts regarding claims for outstanding payment, defect claims, and disputed change orders.
- Advising and counseling the Hamad International Airport Steering Committee, including counseling owner regarding the construction of the $20 billion Hamad International Airport. This included serving as project counsel, claims review, and advising on litigation strategy and ADR matters.
- Defending owner in arbitration against claims arising for the design and build of a national security infrastructure project, including delay, prolongation, disputed variations and liquidated damages claims. Representation included drafting briefs and representing client at arbitration hearings.
- Representing governmental owner in mediation and litigation for claims arising from a multi-billion dollar infrastructure project, including preparing claims, researching and drafting requests for arbitration, and working with experts to identify and quantify delay claims, master planning works deficiencies, infrastructure systems design and construction defects (including MEP, wastewater and security systems), contract management and administration failures, and problems arising from the design, build and project management of the construction of a megaproject and associated facilities.
- Advising and counseling international joint venture contractor performing services for the construction of the Riyadh metro system on contract issues.
- Advising bid-build contractor road failure claims, including representing client during bilingual mediation proceedings and related litigation.
- Counseling MEP subcontractor on construction issues, rights upon termination of contract, assisting in developing warranty claims, and drafting project correspondence
International Arbitration and Cross-Border Disputes
Kevin counsels and represents in international arbitration proceedings, including the analysis of relevant national laws and enforcement of judgments both in the United States and overseas. Representative disputes include:
- Representing an international bank in an ICC arbitration (New York seat) on claims for breach of contract, fraud and fraudulent inducement, including drafting statement of claim and counseling client on arbitral proceedings.
- Representing supply chain and logistics provider regarding potential FCPA and criminal issues regarding U.S./Mexico border crossing.
- Representing Qatar government in ICC arbitration proceedings, including arbitration hearings (Doha, Qatar seat).
- Representing Qatar government in ICC arbitration proceedings (London seat), including drafting claim documents, representing client at mediation, drafting documents in arbitration, and working with experts to develop claims.
- Representing Malaysian contractor in foreign state proceedings, including mediation and litigation, including consultation with local counsel.
- “INSIGHT: Lease Accounting Changes Present More Than Accounting Problems,” Bloomberg BNA, June 2018
- “Yates Memo Revised to Provide DOJ Greater Flexibility in Corporate Investigations,” Thompson Hine White Collar/FCPA Update, December 2018
- Contributor, “2016 Construction Law Update,” Construction Law in the Arab States of the Gulf Cooperation Council
- “Looking Backward: Instant Runoff Voting in the 2010 Midterm Elections,” Election Law at Moritz Expert Commentary, November 2010
- “Instant Runoff Voting as a ‘Game Changing’ Alternative Voting System?” Election Law at Moritz Expert Commentary, October 2010
- “Recent Development: Safety National Casualty Corp. v. Certain Underwriters Lloyd’s London,” Ohio State Journal on Dispute Resolution, 2010
- Lecturer for "International Business Arbitration" and "Workshop on International Arbitration," The Ohio State University American Law and Language Program, 2019-2021
- “International Arbitration,” The Ohio State University Moritz College of Law, September 2018
- “Drafting Arbitration Clauses,” International Chamber of Commerce Qatar, January 2017
- “ICC Arbitration: Understanding the Basics,” International Chamber of Commerce Qatar, April 2016
- Received a 2022 Best Lawyers: Ones To Watch recognition for Alternative Dispute Resolution, Construction Law, and Litigation-Construction; included in the inaugural edition of Best Lawyers: Ones to Watch for Alternative Dispute Resolution, and Construction Law
- Society of Construction Law (Gulf)
- Builders Exchange of Central Ohio
- L.L.M. Advisory Council, The Ohio State University Moritz College of Law
- Advisor and coach, International Moot Court Team, The Ohio State University Moritz College of Law
- Advisor to the Catholic Foundation of Ohio on facility concept design and construction