Andy Ness brings 39 years of experience as a practicing lawyer and six years as a full-time neutral, with a career focused on construction and government contracts disputes. A former partner at major law firms, he has represented owners and contractors in equal measure. He holds a B.S. in Electrical Engineering from Stanford University and a J.D. from Harvard Law School. A past Chair of the ABA Forum on Construction Law, he is a Fellow of both the American College of Construction Lawyers and the College of Commercial Arbitrators. He is also the lead editor of Construction Arbitration: The Advocate’s Practical Guide (2023).
With decades of experience as both a construction litigator and a full-time neutral, Andy brings deep insight into the complexities of major infrastructure and industrial projects. We asked him how this experience shapes his approach on the AAA Construction Panel.
Q: Tell us about your background in construction law or the construction industry.
Andy: As a practicing construction lawyer, I handled claims and disputes on a wide variety of construction and design-build projects across the U.S. and in ten foreign countries. I served as lead counsel in numerous large-scale construction trials and arbitrations and participated in nearly 100 mediations. Now, as an arbitrator, mediator, and neutral evaluator, I am engaged in an even broader range of institutional, industrial, commercial, and government projects—often involving megaproject-level scope, scale, and complexity. After 45 years, my interest in understanding complex projects and the root causes of disputes remains as strong as ever.
Q: What types of construction disputes do you typically handle as an arbitrator or mediator?
Andy: I am perhaps best known for handling large infrastructure and industrial projects—often design-build or EPC contracts involving high-value disputes—but I also enjoy working on smaller matters across all segments of the construction industry. Most cases involve Owner/Contractor or Contractor/Subcontractor disputes stemming from the construction process, such as delays, changes, and terminations. A significant portion also concerns defects and operability issues in completed projects.
Q: What drew you to ADR work in the construction space? What do you value most about serving as a neutral on the AAA’s Construction Panel?
Andy: After four decades of advocating for one side in disputes, I chose to focus exclusively on serving as a neutral—resolving conflicts either through arbitration or by facilitating settlement in mediation. What I value most about serving on the AAA panel is the opportunity to assist a wide range of parties, projects, and disputes in a meaningful and impartial way.
Q: What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Andy: The most challenging aspect of taking a complex case to arbitration or mediation is identifying the key issues that will truly impact the outcome. The most effective advocates know how to focus on those central points and avoid getting lost in details that ultimately won’t make a meaningful difference.