Mr. Kessler has broad 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.

ALTERNATIVE DISPUTE RESOLUTION EXPERIENCE