The construction industry is built on complexity—tight timelines, layered contracts, and high-stakes projects that can span years and millions of dollars. When disputes arise, resolving them efficiently and expertly is critical to minimizing risk and keeping work on track. That’s where the American Arbitration Association® Construction Panel comes in.
Composed of engineers, veteran litigators, and career construction law professionals, the AAA Construction Panel brings unmatched industry insight to alternative dispute resolution (ADR). In this Q&A, panelists reflect on what led them to the field, the types of disputes they most often resolve, and the mindset they bring to managing high-value, high-complexity matters.
From megaproject infrastructure to mixed-use developments and federal contracts, these experienced neutrals understand the technical, legal, and human dimensions of construction disputes—and are trusted to deliver fair, informed outcomes when it matters most.
Q: Tell us about your background in construction law or the construction industry.
John Ahlers: I’ve been immersed in the construction industry my entire life. My father, an engineer and general contractor, made sure his sons gained hands-on experience in the trades—including operating heavy equipment. After earning a master’s degree in construction engineering and management from Stanford, I worked as a construction superintendent and project manager in Alaska. Two major projects I managed became the subject of disputes, and I experienced construction litigation firsthand as a witness. That experience inspired me to pursue a law degree at Gonzaga University. Since then, I’ve dedicated my legal career to resolving construction disputes—and I’ve never looked back.
Andy Ness: 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.
Heather Shore: I grew up in a family of carpenters and fell in love with construction litigation early in my career—and I’ve never looked back. I thrive on the intensity of helping construction clients solve problems in real time and navigating the complexities of completing or litigating troubled projects when necessary. I have a particular interest in handling claims under the Contract Disputes Act, delay claims, and termination claims—all of which involve a myriad of issues that must be quickly identified and resolved to deliver cost-effective solutions for clients facing tight margins, especially in today’s uncertain environment. I have been handling construction and surety matters for over 26 years.
Q: What types of construction disputes do you typically handle as an arbitrator or mediator?
Lisa Colon: I typically handle construction defect disputes, as well as disputes involving delays and the interpretation of construction contracts.
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.
Giovanni Ruscitti: I routinely handle complex, multi-party construction disputes ranging from several million dollars to $1 billion. My experience includes serving as both a sole arbitrator and a panel member on domestic and international claims involving delays, disruptions, acceleration, suspension of work, defective design or specifications, differing site conditions, constructive changes, late owner-furnished materials, over-inspection, interference, terminations, subcontractor defaults, and mismanagement.
Over the course of my career, I’ve worked on a wide variety of projects across multiple industries, including vertical construction, highways and bridges, hotels, government facilities, power plants, wind and solar farms, industrial facilities, office buildings, hydroelectric plants, utilities, processing plants, water storage and treatment systems, hospitals, schools, mining operations, and oil and gas developments.
Heather: As an arbitrator and mediator, I have handled mechanic’s lien disputes, matters involving multi-family residential and mixed-use projects, as well as complex cases related to federal contracts and large commercial construction 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?
John: After many years as an advocate in construction litigation and arbitration, I wanted to give back to the industry that shaped my career. That desire led me to become a neutral and join the AAA’s Construction Panel. The most rewarding part of this role is establishing a fair, orderly process that enables parties to resolve complex disputes in a just and peaceful way. Helping industry participants reach resolution—without unnecessary conflict—is a privilege I deeply value.
Lisa: My extensive experience with complex public and private construction projects provides valuable insight when helping parties resolve disputes efficiently and cost-effectively. With over two decades of representing owners, contractors, and developers through all phases of construction, I am uniquely positioned to navigate complex issues and offer practical solutions that address the technical, financial, and legal dimensions of construction conflicts.
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.
Heather: Construction litigation inherently involves extensive documentation and numerous complex issues and sub-issues, which can be overwhelming for some. However, I am naturally intellectually curious and committed to doing the work—reviewing the documents thoroughly and carefully analyzing the claims—to genuinely understand the parties’ dispute and work toward the right outcome. I love what I do, and I believe that my passion comes through in my work, whether serving as an advocate or a neutral in the construction industry.
Q: What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Lisa: Parties can gain significant advantages from arbitration when they understand the key differences between arbitration and litigation—particularly in the areas of evidence presentation, procedural flexibility, and enforceability of the final award. To maximize the effectiveness of the process, parties should be prepared to present their case efficiently by organizing complex technical information, highlighting key facts, and providing arbitrators with clear, concise documentation that facilitates quick understanding of the core issues in dispute.
Leonard Kessler: 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.
Heather: I am humbled by the responsibility of making decisions that can have significant economic consequences for the parties, and I take that responsibility very seriously. I deeply value the trust placed in me as an arbitrator and strive to reach the right decision in every case in which I serve as a neutral.