Leonard Kessler

Description of Practice

Len Kessler is an experienced attorney, arbitrator and mediator with a background in complex construction and commercial disputes including cases involving contracts, torts, negligence, the environment, property damage and professional liability.  
Mr. Kessler is available to serve as an arbitrator or mediator on cases in the Greater New York City Metropolitan Area and to travel and serve on cases outside this locale.

Professional Background

Mr. Kessler is the former chief legal officer for the 21,000 employee Infrastructure & Environment Division of URS Corporation (now part of AECOM), which provides engineering, design, environmental, design/build, construction, and construction management services in approximately 250 offices in more than 50 countries.   At URS he managed a legal department of thirty attorneys, five contract managers and five paralegals.  The legal department was responsible for the supervision and direction of all outside counsel representing URS in litigation, arbitrations, claims, disputes and other matters, both in the United States and foreign jurisdictions.  This included litigation strategy, as well as the supervision of all phases of litigation, arbitration, and mediation, and approval of all settlements.  Mr. Kessler has also been Vice President, Lead Counsel, Global Construction of Gilbane Building Company, Vice President & General Counsel of AMEC Construction Management, Inc. (formerly known as Morse Diesel International, Inc.), an associate at Cravath Swaine & Moore and an associate at Kelley Dry & Warren.

He has experience with disputes involving general contractors, trade contractors, suppliers, developers, architects, engineers, and sureties regarding private and public (federal, state and municipal) projects for the construction of office buildings, hotels, museums, casinos, roads, bridges, tunnels, condominiums and apartment buildings, hospitals, schools, shopping centers, stadiums, arenas, airport terminals, courthouses, power plants (gas, nuclear, coal, hydroelectric and cogeneration), paper mill, and other large-scale civil and mechanical construction projects. He has also been involved with disputes regarding environmental and hazardous waste remediation projects. Additionally, he has represented clients in contract drafting, negotiation and administration, and teaming agreements, joint ventures and shareholder agreements.  Construction projects have ranged in value from $5 million to almost $1 billion and include projects located in the Americas, Europe, the Middle East, Asia and Australia. Mr. Kessler has been involved with disputes involving breach of contract, nonpayment, extra work, construction defects, delays, changed conditions, mechanic's liens, standard of care and professional liability, bid protests, payment and performance bond claims, default and general commercial issues.

Mediation Experience

Mr. Kessler has extensive experience in alternative dispute resolution as an arbitrator, mediator and advocate in architecture, engineering, design, construction and environmental services and general commercial and contract matters.  Amounts in dispute range from a few hundred thousand dollars up to approximately $25 million. Representative cases include:
•	Dispute between a general contractor and a subcontractor regarding a termination for default and a claim and counterclaim for damages.
•	Dispute between an engineering, procurement and construction contractor and an electric utility regarding an air pollution control system installed at a coal fired power plant. 
•	Dispute involved design and standard of care, construction defects, improper maintenance, delays, change orders, non-payment and failure to meet performance guarantees. 
•	Dispute between a design/builder, its subcontractor designer and the project professional liability insurance carrier regarding the design and construction of a major highway. 
•	Dispute involved design and standard of care, construction defects, schedule delays and insurance coverage issues. 
•	Dispute between two joint venturers involved in the construction of a U. S. Government communications facility. 
•	Dispute involved standard of care, delays and scheduling, breach of contract, fraud and responsibility for cost overruns.
•	Dispute between a construction manager/owner's representative and an insurance carrier regarding additional insurance coverage on the deconstruction and decontamination of a 47 floor office building that resulted in deaths and personal injury. 
•	Dispute between an environmental remediation contractor and the owner of a waste pond regarding whether the contractor met clean-up requirements. 
•	Dispute involved design and standard of care, breach of contract and performance guarantees. 
•	Dispute between a construction contractor and a developer of an office building regarding defective work, non-payment and breach of contract.
•	Dispute between an engineer and a developer of an office building regarding design and standard of care, non-payment and breach of contract.
•	Breach of employment contract dispute between a corporation and its former president.
•	Dispute between a construction contractor and a developer of an apartment building regarding defective bathroom marble tile. 
•	Dispute involved breach of contract, breach of warranty, non-payment, delays and change orders.
•	Dispute between a designer, construction contractor and a public agency regarding design and construction of a storm sewer.
•	Dispute involved construction defect, design and standard of care, change orders and breach of contract.
•	Breach of Contract dispute arising from the sale of a company's assets and the alleged theft of confidential and proprietary information.

Mediation Approach & Philosophy

Evaluative Mediator

Fees

$500 per hour

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