Leonard Kessler is a construction arbitrator and mediator with experience in more than 150 regular and complex disputes, including matters with broad international dimensions. He serves on the AAA’s Large, Complex Construction Arbitration Panel and the Construction Master Mediator Panel, as well as the ICDR’s Construction Arbitration and Mediation Panels. Previously, Mr. Kessler was Chief Legal Officer of URS Corporation’s Infrastructure & Environment Division, where he led a 40-person global legal department. His prior roles also include General Counsel of Morse Diesel International, Inc.; Lead Counsel for Global Construction at Gilbane Building Company; and Associate General Counsel at Ebasco Services Incorporated.
With decades of in-house legal leadership at top global contractors and deep experience in complex infrastructure projects, Leonard brings a practical, business-minded approach to resolving high-stakes construction disputes. We asked him how this industry perspective shapes his work as a neutral on the AAA Construction Panel.
Q: Tell us about your background in construction law or the construction industry.
Leonard: Throughout my career as corporate counsel, I’ve supported a wide range of complex construction and infrastructure projects across multiple sectors. These have included:
- Horizontal infrastructure, such as roads, highways, bridges, tunnels, airports, and rail systems.
- Vertical construction, including office buildings, courthouses, hotels, casinos, museums, hospitals, residential towers, stadiums and arenas, laboratories, schools, and shopping centers.
- Power generation facilities, spanning coal, gas, nuclear, hydroelectric plants, and dams.
- Industrial process plants, serving diverse manufacturing and production needs.
- Public sector projects, including U.S. government, state, and municipal construction contracts and procurement processes.
- Marine and shipyard facilities, including coastal infrastructure.
- And environmental remediation efforts, such as hazardous waste cleanup, deconstruction, demolition, and site decontamination.
Q: What types of construction disputes do you typically handle as an arbitrator or mediator?
Leonard: My experience as a construction arbitrator and mediator spans a wide range of disputes involving many of the project types noted above. Below is a representative sample of the kinds of matters I have handled:
- Highway infrastructure dispute between a design-builder and its subcontractor-engineer involving construction scope growth, quantity increases, schedule impacts, and cost escalation.
- Processing facility dispute between an owner and contractor concerning design, engineering, and procurement. Claims included unpaid invoices, scope changes, negligence and gross negligence, failure to meet design specifications and performance guarantees, liquidated damages, and whether the facility was provided with the required feedstock.
- Pharmaceutical conversion dispute between a design-builder and mechanical subcontractor during the renovation of a department store into a pharmaceutical facility with laboratories and research areas. Issues included entitlement and pricing of change orders, claims for acceleration, disruption, lost productivity, extended supervision, tools and equipment, and additional overhead and profit. The design-builder counterclaimed for defective and incomplete work.
- Power plant dispute between a design-builder and mechanical subcontractor regarding the installation of an exhaust steam duct and air-cooled condenser system for a combined cycle power plant. The subcontractor alleged failure to provide components reasonably inferable from the contract documents, improper delivery timing and sequencing, and restricted site access. The design-builder countered with claims for delay-related liquidated damages and defective work.
- Apartment building dispute between a construction manager and owner under a guaranteed maximum price (GMP) contract for a 12-story residential building. The construction manager sought damages for constructive termination, owner interference, and unpaid invoices. The owner counterclaimed for defective work, overcharges, unexcused delays, and liquidated damages.
- Mixed-use high-rise dispute between a construction manager and electrical subcontractor at a 24-story residential, hotel, and commercial tower. The subcontractor asserted claims for inefficiency, wage escalation, and extended field supervision.
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?
Leonard: Over the course of my career as corporate counsel in the construction industry, I dealt with construction-related disputes and issues on a daily basis. That environment demanded both strong problem-solving skills and a deep understanding of construction practices. The opportunity to apply that knowledge in a meaningful way is what led me to become a neutral on the AAA’s Construction Panel.
As an arbitrator, I’m able to hear evidence and render decisions in a manner that is less formal, less costly, and less time-consuming than traditional litigation. Importantly, parties don’t have to explain the fundamentals of how a construction project works—as is often necessary in court—because I already understand the context.
In mediation, my industry experience allows me to effectively evaluate the parties’ positions and suggest practical, realistic solutions to help them reach resolution.
Q: What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Leonard: Construction disputes are highly fact-intensive, making documentation critical to the success of a party’s claim. While testimony plays an important role, it must be supported by reliable records—such as emails, letters, schedules, and recognized cost-tracking methods. Neutrals with deep construction industry experience, like myself, will closely evaluate whether a party’s position is backed by documentation maintained in accordance with accepted industry standards.