Mediator Resume

Highly experienced construction arbitrator, mediator and DRB member with a very extensive range of experience in many different types of large projects, both public and private. Recognized nationally and internationally for skills and judgment in the mediation process, and for crafting creative case-specific solutions to reach agreement. Substantial experience as both advocate and arbitrator/mediator with megaprojects and very large disputes, including nuclear power projects in U.S. and UAE, and the largest petrochemical complex ever built in a single phase.

Andrew Ness ADR, LLC - President

Arbitrator, Mediator, Neutral Evaluator, DRB Member, formerly a practicing construction and Government contracts attorney for 39 years.

Arbitrator, Mediator & Neutral Evaluator, 2019-Present; Partner, Jones Day, 2011-2018; Partner, Howrey LLP, 2008-2011; Partner & Office Managing Partner, Thelen LLP (previously Thelen, Reid & Priest LLP), 2000-2008; Partner and Section Chair, Morgan, Lewis & Bockius LLP, 1987-1999; Partner/Associate, Lewis, Mitchell & Moore, 1979-1987; Law Clerk to the Hon. Robert F. Peckham, Chief Judge, U.S. District Court, N.D. Calif., 1977-1978.

Prior to becoming a full-time neutral in 2019, 39 years of highly varied construction law practice, resolving claims and disputes on construction and design/build projects of all kinds, across the U.S. and in 10 foreign countries. Representation of contractors and owners (both private and public) split roughly 50-50, with frequent but less concentrated representation of engineers and subcontractors. Cases have involved problems with the construction process (changes, delays, disruption, acceleration, differing site conditions, terminations, contract interpretation) as well as both design and construction defects (collapses, repeated equipment failures, shortfalls of performance guarantees). Types of projects include power (nuclear, gas combined cycle, coal-fired), industrial (primarily oil/petrochemicals, pulp & paper and steel industries), hospitals & large health care facilities, commercial/residential (hotels, retirement communities, office buildings, condominiums), hazardous/nuclear waste processing facilities and remediation sites, and numerous Federal government contracts. Extensive experience as lead counsel in federal and state court trials, arbitrations and mediations, including international arbitrations and trans-national mediations. Fellow of the American College of Construction Lawyers; former Chair (2012-13) of the ABA Forum on Construction Law; rated Band 1 by Chambers USA since initial edition.

Mediator for over 35 major disputes in the U.S. and internationally, with several involving over $100 Million in dispute. Largest matters have been a $300 Million dispute on a new rapid transit line, and a $200 Million dispute on a US Dept. of Energy project to encapsulate radioactive waste. Other mediation matters have involved a wide range of projects, geographies, and amounts in dispute. Representative civil projects include highway bridges, a large earthen dam, dam spillway enlargement, site preparation work, and a retaining wall failure. Commercial building projects include a large state of the art automated warehouse, high rise apartments, retirement housing, adaptive reuse of a manufacturing facility as a school, a distribution center, office buildings, and an outpatient medical services building. Government projects include a hardened hangar facility at an Air Force Base, an advanced physics research laboratory, a specialized milling machine for making classified Navy ship propellers, upgrades and repairs to two Navy destroyers, and manufacture of pre-cast tunnel lining components. Power and industrial projects include natural gas power plants, a solar energy facility, paper mill conversions to linerboard plants, and a food processing plant. Neutral Evaluator on major infrastructure projects in four states, include a large interstate bridge and a mass transit project. DRB member on seven projects to date, including three as Chair. Projects have included TBM tunnels, 300 MW power plant, major airport terminal upgrades, and municipal buildings.

All types of construction process disputes - terminations, delays, disruptions, unresolved changes, defective specifications, differing site conditions, etc. Construction defects and warranty issues involving major project components (e.g., transformers, HRSGs, process equipment), as well as defective process design, start-up and performance test issues. Geotechnical design issues for tunnels and other underground facilities, and dams and other civil projects. Other contract issues including contract interpretation, intellectual property rights, and payment process disputes.

After an initial call with counsel to agree on mediation arrangements and establish a mediation schedule, in most cases mediation statements are submitted by each party and shared with other parties. Reuse of key pleadings or other previously prepared documents is encouraged where this saves cost and is sufficient to serve as most or all of a mediation statement. Opening presentations at mediation are generally left to the preferences of counsel. A standard part of mediation preparation is a separate call/video conference with each party, which usually takes 30-60 minutes. Often these involve only counsel, but counsel have discretion to include client representatives if desired. The mediation is typically evaluative in nature, subject to the discretion of mediator. There will always be a short joint session at the outset of the mediation, including when no opening presentations are made.

Regularly conduct preliminary and motions hearings via Zoom or Teams, and proficient in both platforms. Generally familiar with the capabilities of Primavera P6 scheduling software, ProCore, and cost reporting programs.

Harvard Law School (JD, magna cum laude-1977) Stanford University (BS, Electrical Engineering, with distinction-1974)

Admitted to the Bar: California, Virginia, District of Columbia, numerous Federal District Courts, U.S. Supreme Court and 3rd, 4th and 9th Circuit Courts of Appeal.

American College of Construction Lawyers (Fellow and former Board member) ABA Forum on Construction Law, (Past Chair and Governing Committee Member) College of Commercial Arbitrators (Fellow) Fellow, Chartered Institute of Arbitrators

Lead editor of "Construction Arbitration; The Advocate's Practical Guide," published by the ABA Forum on Construction Law in 2023, and author of the chapter on "Navigating an International Construction Arbitration." Co-creator of and contributor to "The Construction ADR Toolbox" blog at https://theconstructionadrtoolbox.com. Frequent author of articles on ADR topics, and frequent speaker on ADR and Construction Law issues at meetings of the ABA Forum on Construction Law, College of Commercial Arbitrators, American College of Construction Lawyers, and other industry organizations. Selected Publications - Books and Book Chapters Editor, INTERNATIONAL CONSTRUCTION LAW, A GUIDE FOR CROSS BORDER TRANSACTIONS AND LEGAL DISPUTES (ABA 2009) Editor, FEDERAL GOVERNMENT CONSTRUCTION CONTRACTS 1st ed. (ABA 2003) “International Dispute Resolution,” (co-author) in CONSTRUCTION LAW HANDBOOK 3RD Ed. (Wolters Kluwer 2018) “Delay, Suspension of Work And Acceleration,” in FEDERAL GOVERNMENT CONSTRUCTION CONTRACTS, all eds. (ABA Publishing 2017) “Enforcing Arbitration Agreements,” (co-author) in CONSTRUCTION ADR (ABA 2014) “Construction Damages,” in FUNDAMENTALS OF CONSTRUCTION LAW, all eds. (ABA 2013). “Contract Time and Completion,” in CONSTRUCTION LAW 1st & 2nd eds. (ABA 2009) “Pricing and Proving Delay, Disruption and Acceleration Claims,” (co-author) in CONSTRUCTION SUBCONTRACTING: A LEGAL GUIDE FOR INDUSTRY PROFESSIONALS (Wiley Law 1991) Selected Articles “How Lawyers Build Success,” ENR Viewpoint (McGraw-Hill, June 5, 2013) “Whither Construction Law? How Can Construction Law Continue to Grow and Evolve in the Era of the Vanishing Trial?,” 30 The Construction Lawyer, No. 3 (2010) “Arbitration Developments, Defects & Solutions” (co-author), 22 The Construction Lawyer No. 3 (2002) “Concurrent Delay: The Challenge to Unravel Competing Causes of Delay,” (co-author) 17 The Construction Lawyer No. 4 (1997) “International Alternative Dispute Resolution,” (co-author) Construction Briefings No. 96-12 (Federal Publications 1996)

Washington, DC/Baltimore Metropolitan Area; Orlando/Orange County, FL Travel expenses otherwise at cost. Travel time not charged for anywhere that can be reached by plane flight of 90 minutes or less from Washington, DC.

Hourly Rate: $625.00 Daily Rate: Not provided Study Rate: $625.00/hr Cancellation: $3,000.00/Day Cancellation Period: 30 Days Comment: Travel rate is flat $500 (plus air fare) for destinations involving air travel, but does not apply for destinations within 90 minutes flight time from Washington, DC. Cancellation rate applies for a maximum of 3 mediation days, and is reduced or eliminated when other engagements can be substituted. In the case of postponement, it is at the neutral's discretion on whether the parties will be billed for the reserved but unused time.

English

United States of America

Falls Church, Virginia