Kate H. Kennedy

Of Counsel

Kate represents commercial and government contractors on counseling, compliance, and construction matters. From claims to bid protests, clients turn to Kate to identify and develop the optimal approach and obtain the desired resolution.

Common issues with which Kate assists her clients include general contract formation, administration, compliance, REA and claim preparation, as well as construction-specific issues such as differing site conditions, delays, changes, and modifications. She represents contractors performing projects throughout the United States and Europe before the Court of Federal Claims, Boards of Contract Appeals, Government Accountability Office, Small Business Administration, as well as arbitration panels and state and federal court.

Representation of steel fabricator in 5 week arbitration involving claims greater than $60M arising from delays and changes affecting construction at SeaTac Airport's new International Arrivals Facility. (2019-Ongoing)
Counseling international services contractor on disputes and successfully avoiding multiple threatened terminations prior to litigation. (2013-Ongoing)
Regularly counseling and advising large service contractor on issues ranging from subcontractor claims, contract terms, labor regulations, contract adjustments through modifications, and teaming arrangements, as well as representing client in bid protests before the GAO and size protests before the SBA and OHA. (2011-Ongoing)
REA evaluation and negotiation on behalf of contract holder for numerous construction projects in Western Europe. (2018-2022)
REA evaluation, claim preparation, and negotiation on behalf of MACC contract holder for numerous construction projects at medical facilities throughout the United States. (2016-2022)
Successful settlement of delay and contract interpretation claim on behalf of drilling contractor relating to a federal contract for construction of an air traffic control tower. (2021)
Represented intervening awardee in successful defense of the largest procurement ever conducted by the Port of Seattle. (2020)
Representation of prime contractor in a three-week hearing before the ASBCA resulting in successful settlement and close to complete recovery of delay and changes arising out of a multi-million dollar historical renovation project. (2016)
Advised large business on cybersecurity compliance. (2017)
Successfully recovered payment due to A/E subcontractor on federal construction project. (2017)
Represented small business in dispute with DCMA concerning allowability of executive compensation and indirect rates spanning three fiscal years. (2017)
Successfully represented a small business before the ASBCA in an insourcing termination claim and obtained recovery of all post-termination unabsorbed overhead. (2016)
Successfully appealed a small business’s $3 million complex construction delay claim to the Board of Contract Appeals. The contractor performing a historical renovation for the U.S. Army Corps of Engineers was delayed approximately three years, resulting in millions of dollars of delay damages. At issue were numerous differing site conditions, payment delays and disputes, and contract modifications. A three-week trial resulted in a favorable settlement and prompt payment to our client. (2016)
Successfully negotiated executive compensation dispute relating to three years’ of incurred cost submissions on behalf of small business contractor before the ASBCA. (2015)
Successfully represented a small business dispute with DCMA over indirect rates spanning three years resulting in complete recovery prior to trial. (2015)

Admitted to Practice

Washington, 2011
Minnesota, 2008

Education

J.D., Brooklyn Law School, 2008
- Executive Articles Editor, Journal of Law and Policy
- Carswell Scholar
B.A., Sociology/Anthropology, Carleton College, 2003

Memberships & Affiliations

- Washington State Bar Association
- Board of Contract Appeals Bar Association
- National Contract Management Association, West Sound Chapter
- National Association of Women in Construction, Pacific Northwest Region

Professional Recognition

- Selected to "Washington Rising Stars" in Government Contracts, Thomson Reuters, 2014-2020

Background

- Associate, Dorsey & Whitney, Seattle, 2013-2015
- Associate, Oles Morrison Rinker & Baker, Seattle, 2011-2013
- Associate, Eckland & Blando, Minneapolis, 2008-2011