Andrew D. Ness

Law Clerk, U.S. District Court, 1977-78

Associate and Partner, Lewis, Mitchell & Moore, 1979-1987

Partner, Morgan, Lewis & Bockius LLP, 1987-1999

Partner, Thelen Reid & Priest LLP, 2000-2008

Partner, Howrey LLP, 2008-2011

Partner, Jones Day, 2011 – 2018

JAMS – 2019 – 2024

2025 – present – Independent Neutral and Member of AAA Construction Arbitration and Mediation Panels

Andrew Ness is an arbitrator, mediator, neutral evaluator and DRB member, engaged for a wide range of major construction projects nationwide and internationally.  He embarked on his Neutral career in 2019, after 39 years of Construction Law practice.  Andy frequently writes and speaks on a range of construction law and dispute resolution issues, and as both advocate and neutral, has resolved major disputes on a wide variety of large construction projects both in the U.S. and across most of the world.

In 2023, the ABA Forum published “Construction Arbitration: The Advocate’s Practical Guide,” which Andy edited (together with John Foust), while also authoring the chapter on Navigating an International Arbitration.  In addition to being an ACCL Fellow, Andy is a former Chair of the ABA Forum on Construction Law, a Fellow of the College of Commercial Arbitrators, and a Fellow of the Chartered Institute of Arbitrators.

In addition to his busy Neutral practice, Andy contributes to The Construction ADR Toolbox, which Leslie O’Neal and he co-created in 2024.  www.theconstructionadrtoolbox.com

• 2012-13 Chair, American Bar Association, Forum on Construction Law
• American College of Construction Lawyers, Fellow and former Board member
• Fellow, Chartered Institute of Arbitrators
• Fellow, College of Commercial Arbitrators
• American Arbitration Association, Construction and Mediator Panels

Clerkship

Hon. Robert F. Peckham, Chief Judge, United States District Court for the Northern District of California (1977-1978).

Selected Publications

Ongoing

Co-creator (with Leslie O’Neal) and contributor, The Construction ADR Toolbox.  www.theconstructionadrtoolbox.com

Books and Book Chapters

• Editor (with John Foust), CONSTRUCTION ARBITRATION, THE ADVOCATE’S PRACTICAL GUIDE (ABA 2023)
• 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 3^RD 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)

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)
• “Closing Arguments: The Law and Practical Considerations,” (co-author) 24 The Construction Lawyer No. 4 (2004)
• “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)

• District of Columbia, 1980
• California, 1977
• Virginia, 1986
• U.S. Supreme Court; 3rd, 4th and 9th Circuit Courts of Appeal; multiple U.S. District Courts

Treasurer and Board Member, Building for Good, Inc.

Falls Church Village Preservation and Improvement Society

Election Officer, Arlington County, VA

Former Board member of two other charitable organizations