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Andrew D. Ness
1299 Pennsylvania Ave NW
Washington DC 20004
+1 202.383.7333
+1 202.383.6610 (Fax)
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Partner
Andrew Ness assists both owners and contractors with respect to troubled projects, solving complex construction and design-related problems without need for formal dispute resolution whenever practicable. In litigated matters, he has served as lead counsel on a wide variety of large construction disputes that were resolved in federal and state courts, and via both domestic and international arbitrations. Mr. Ness also has extensive experience in resolving disputes through the use of mediation and other alternative dispute resolution techniques, and has drafted and negotiated design and construction contracts for a wide range of major projects around the world.
Mr. Ness' project experience encompasses a broad range of energy, industrial and process, institutional, commercial, government and building projects across the United States and numerous other countries in Europe, South America, Asia and the Middle East.
Mr. Ness is the co-chair of Howrey's Construction practice, which recently received the 2010 Award for Excellence in Construction by Chambers USA, recognizing the best construction firm in the US. Mr. Ness been recognized by both Chambers USA and Best Lawyers in America since they commenced coverage of Construction Law as a specialty, and is listed also in Who's Who Legal (2009 and 2008—Construction), and Washington, DC Superlawyers (Top 50 Washington, DC Lawyers—2008).
Representative Highlights
- NIH Clinical Research Center – Bethesda, MD. Developed and implemented a detailed plan to remove and replace the existing Construction Manager nine months into construction of a 900,000 sq. ft. hospital/research center, after the Program Manager and Owner decided that they could not reach agreement with the CM on a realistic Guaranteed Maximum Price and completion schedule. After extensive preparations, a no-cost termination and switch to a new CM was successfully executed, keeping trade contractors working while avoiding litigation.
- Spent Nuclear Fuel Storage Project – Idaho Falls, ID. Assisted a DOE contractor that was in danger of defaulting on its $350 million contract in developing a detailed legal/lobbying strategy to avoid both default termination and the need to perform the balance of the contract. Successfully negotiated a no-cost termination of the unperformed contract obligations, saving the contractor from potential default liabilities well exceeding $100 million.
- Nuclear Waste Processing Plant – Oak Ridge, TN. Developed and implemented a strategy to either obtain a convenience termination or convert a long-term, fixed-price performance contract to a cost-reimbursable basis. Successfully negotiated a conversion to cost-reimbursable combined with resolution of all prior unpriced changes, enabling the contractor to be paid immediately for the effects of DOE’s ongoing operational changes.
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Admissions
- District of Columbia, 1980
- California, 1977
- Virginia, 1986
Clerkship
- Hon. Robert F Peckham, Chief Judge, United States District Court for the Northern District of California (1977-1978)
Education
- Harvard Law School (JD, 1977), magna cum laude. Harvard Journal on Legislation, Articles Editor (1976-77)
- Stanford University (BSEE, 1974), with distinction, Tau Beta Pi
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