Jeffery J. Jessamine grew up in the construction industry building large scale, complex government and private infrastructure projects, including design-build and P3 project delivery models across North America for the last 30+ years. In parallel with his project management career path, in 2006 he began a journey of establishing himself as an expert witness, party representative, and neutral through education and practical experience.
Since then, he has been engaged in a wide range of claims and disputes including those of complex nature with values in the hundreds of millions of dollars. We asked him how his expertise informs his approach on the AAA Construction DARB panel.
Q. What types of construction disputes do you typically handle as an arbitrator or mediator?
I typically handle highly complex disputes between contractors and owners or subcontractors and contractors, including those related to technical scope interpretation, differing subsurface conditions, standard of care, risk allocation, loss of productivity, acceleration, and delay & disruption claims. I accommodate disputes that range from several million to several hundreds of millions of dollars.
Q. What drew you to ADR work in the construction space? What do you value most about serving as a neutral?
Given my extensive experience in dealing firsthand with large-scale complex projects, I was drawn to contribute my experience to the ADR space. I value the opportunity to assist the parties in reaching early resolution to avoid protracted and costly legal proceedings by being adept at listening and homing in on the root cause of disagreement. I understand the importance of serving as a neutral in empowering resolution through objectivity and trust.
Q. What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
A party prevails on the facts—so the importance of documentary evidence is paramount. Keep the process efficient and flexible by being concise in presenting evidence and argument. Be reasonable and open to negotiating a resolution at any point throughout the process.
Q. What do you hope to achieve in conflict resolution?
A. solution that is well-reasoned and time- and cost-efficient reached at the earliest point possible.
Q. How has your experience with dispute avoidance resolution boards (DARBs) shaped your approach to managing and resolving construction disputes, and what value do you believe these boards bring to the overall dispute resolution process?
My vast experience with very seasoned DARB industry professionals has had substantial influence on my strategic approach in reaching resolution on construction disputes. This type of informal advisory is proactive and can often prevent a dispute from escalating, which is highly valuable in terms of cost efficiency and preserving working relationships.