5 Grist Mill Lane   |   Hingham, MA 02043 

Tel. 781.749.2990    |   Fax 720.367.9408

Experience & Qualifications

Kurt Dettman draws upon his legal and public management experience to facilitate dispute resolution, focusing on open communication and consensus building among contractors, owners, attorneys and consultants.  With over 24 years of legal experience, including more than 13 years of senior management experience on the Central Artery/Tunnel Project in Boston, Mr. Dettman has a keen understanding of and sensitivity to the resolution of disputes in a variety of settings and circumstances. Mr. Dettman’s current consulting practice focuses on the use of all forms of dispute resolution in the construction industry, including dispute resolution systems design, Partnering, settlement negotiation, mediation, arbitration and Dispute Review Boards.

  • CentralArtery/Tunnel Project (Boston, MA)

Mr. Dettman was involved with this $14.729 Billion project since 1992, advancing from Senior Counsel, to Chief Counsel, to Associate Project Director for Claims Resolution. As the project’s lead attorney, he managed all legal matters on the project, including construction claims, design claims, Owner Controlled Insurance Program, alternative dispute resolution, cost recovery, procurement, contract negotiation and administration, inter-governmental relations and agreements, conflicts of interest, ethics, regulatory oversight, labor, employment, building issues, DBE regulations, environmental and right of way litigation, civil and criminal investigations, and legislation.

From October of 2001 to early 2003, Mr. Dettman was given the added responsibility of general oversight of the Cost Recovery Program, reporting to the General Counsel of the Massachusetts Turnpike Authority. From October of 2001 to early 2003, Mr. Dettman also was given the responsibility of supervising the Director of Claims and Changes, who was responsible for analyzing and negotiating all contract claims and changes on the project.

Becoming Associate Project Director for Claims Resolution inMay of 2003, Mr. Dettman managed a 110-person staff and numerous outsideconsultants.  He was responsible for preparing and implementing a plan to resolve over 5,000 open issues/claims with a claimed value of over $600 million. He oversaw the teams that settled out on a global basis several major contracts with claims totaling over $460 million using a combination ofnegotiation and mediation. In addition, he substantially reduced the claims backlog on other contracts through a proactive negotiation program.

Examples of the contract claimson which Mr. Dettman lead the negotiations include the following:

  • C19D1 Contract (Charles River Bridge)—Kiewit brought a $25 million claim alleginginsufficient and deficient design, delayed access, differing site conditions, delay and impact. The claim was successfully settled through negotiation.
  • CO1A3 Contract (South Boston Mainline Tunnel and Access Ramps)—Kiewit/Atkinson/Cashman, Joint Venture, brought a $66 million claim alleging delayed access, interference by other contractors, delay/disruption, and open change orderclaims. The claim was successfully settled through mediation.
  • CO9A4 Contract (South Bay Interchange)—Slattery/Interbeton/White/Perini, JointVenture brought a $110 million claim alleging insufficient and defective design, lack of access, delay/disruption, and open change order claims. The claim was successfully settled through mediation.
  • C22A2 Contract (Integrated Project ControlsSystem)—Honeywell brought a $167 million claim alleging insufficient disclosure in the bidding process, defective design, delayed access, delay and disruption, and open change order claims. The claim was successfully settled through mediation.
  • CO1A6 Contract (South Boston Mainline Tunnel and Access Ramps)—DeMatteo/Interbeton/Flatiron, Joint Venture, brought a $60 million claim alleging delayed access,delay/disruption and open change order claims. The claim was successfully settled through mediation.
  • Experience Post-CA/T Project
  • Advised Princeton University regarding system to resolve a claims backlog on the $50 million Lewis Library Project.
  • Acted as liaison between outside counsel and expertteam on a City of Boston lawsuit involving settlement of a multi-million dollarclaim arising out of the installation of a City high school fire protection system.
  • Currently assisting the Massachusetts Executive Officeof Transportation and the Massachusetts Highway Department on a redesign of the construction claims process; resolving Takeover Agreements and claims with various bonding companies; and advising on the resolution of particular multi-million dollar claims, including a $80+ million claim on a $385 million design-build highway upgrade project and a $30+ million claim on a bridge project.
  • Currently serving as the Chairperson of Dispute Review Boards on two $45+ million bridge projects in the State of Ohio.
  • Various mediations and arbitrations involving court matters and construction claims.

  • Other Experience

Mr. Dettman was the law clerk to Justice William G. Callow of the Wisconsin Supreme Court from 1983 to 1984.  Thereafter, Mr. Dettman was a commercial litigator at two leading Boston, Massachusetts law firms from 1984 to 1992, providing legal advice in the areas of complex commercial and business disputes, lender liability litigation and associated workouts, insurance coverage disputes, construction disputes and litigation, products liability litigation, trademark and copyright, and appellate tax board appeals.

Organization Memberships

American Bar Association, Section of Dispute Resolution (Co-chair of the Arbitration Committee; Chair, Disclosure Subcommittee of the Arbitration Committee) and Forum on the Construction Industry

  • Association for Conflict Resolution (Member of Leadership Council of the Commercial Section; Co-chair of Real Estate and Construction Committee)
  • Transportation Research Board (Member of Committee on Contract Law)
  • Dispute Resolution Board Foundation (Co-regional Representative for New England)
Massachusetts Uniform Mediation Act Working Group (Process,
Legislative and Public Sector Committees)

Professional Activities

Mr. Dettman has spoken at many conferences and groups about the use of alternative dispute resolution in the construction industry, including:

  • American Bar Association Section of Public Contract Law Annual Federal Procurement Institute:  “Alternative Dispute Resolution at the Central Artery/Tunnel Project” 
  • Construction Management Association of America Annual Conference:  “Contrasting ADR Methods”
  • Transportation Research Board Annual Legal Workshop andAnnual Conference: “The Partnering and Dispute Resolution Process on the Central Artery/Tunnel Project” and “Using Dispute Review Boards To Prevent And Resolve Disputes”
  • San Francisco and London Superconferences:  “The Partnering and Dispute Resolution Process on the Central Artery/Tunnel Project”
  • American Road and Transit Builders Annual Conference:  “Alternative Dispute Resolution”
  • Connecticut Bar Association and the Connecticut Societyof Civil Engineers:  “The Tool Box For Effective Dispute Resolution: ‘Lessons Learned’ From Boston’s Big Dig Project”
  • Federal ADR Working Group:  “The Partnering and Dispute Resolution Process on the Central Artery/Tunnel Project”
  • Ohio Transportation and Engineering Conference: “The Ohio Department of Transportation’s Innovative Use of Alternative Dispute Resolution Techniques”
  • Construction Specifications Institute (NH Chapter):  “The Toolbox For Effective Dispute Prevention And Resolution On Construction Projects”
  • National Contract Management Association (Boston Chapter): “Managing Claims on Mega-Projects:  Lessons Learned From The ‘Big Dig’ Project” 
  • Caltrans Contract Law Workshop: “The ‘ADR Tool Box’ for Effective Dispute Avoidance and Resolution”
  • Association For Conflict Resolution Advanced Commercial Mediation Institute: “Mega-Project Mediation:  Lessons From Boston’s Big Dig Project”
  • Association For Conflict Resolution Annual Conference:  “Taking Consumer Disputes to the Next Level”; “Innovative and Unique Consumer Dispute Resolution Processes”; and “New and Emerging ADR Processes”
  • American Bar Association Section of Dispute Resolution Annual Conference:  “The Arbitrator Disclosure Conundrum: Establishing Practical Guidelines For Meeting Disclosure Requirements Under The RUAA And Similar Standards”
  • Association For Conflict Resolution Teleseminar:  “Report From the Mediation Trenches:  Tips From Boston’s “Big Dig” Project Mediation Program”


Publications

Mr. Dettman has also published articles on Dispute Review Board practice in the Dispute Resolution Board Foundation Forum, including “What Role Should Lawyers Play in the DRB Process?”; “’End of the Contract Claims’: Tips for Handling Complex Claims Before the DRB”; and “The Use Of ‘Adjudication DRBs’ Where Parties Are Subject To Adjudication Or Arbitration Processes."
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