Constructive Dispute Resolutions
Construction projects present a myriad of management challenges. Foremost among these is handling construction disputes and claims in a cost effective manner, consistent with the terms of the contract documents. Typically the largest source of cost growth in construction project budgets can be traced to owner directed changes and contractor claims for delays and extras. Therefore, focus on this area is important to meet the goals of timely completion, within the budget, in a safe manner, while delivering a quality product.
Kurt Dettman, the principal of Constructive Dispute Resolutions (CDR), has extensive experience in the management and resolution of construction related issues and claims from his 24 years of legal practice and 13 years in senior management positions on the CA/T Project. Based on his substantial public sector work covering all aspects of the construction industry, he is particularly aware of the needs and priorities of public owners.
CDR's consulting practice primarily focuses on the avoidance, mitigation, and resolution of construction disputes, offering three types of services in this area:
1. Claims Analysis and Resolution
This service covers traditional analysis, negotiation, and resolution of construction claims. This typically includes issues such as entitlement analysis; schedule analysis; impact/inefficiency analysis; and cost analysis. In order to provide the full array ofclaims analysis services, CDR teams with the claims analysis firm of PMA Consultants LLC and the forensic auditing firm of Rubino & McGeehin Consulting Group, Inc., to provide technical expertise as needed for this effort. In addition, CDR works withthe national enginnering firm of Carter & Burgess, Inc. to the extent that expert advice is needed on forensic engineering and design issues.
Mr. Dettman's role in claims analysis and resolution is to provide senior management guidance and oversight, working closely with the client's legal counsel, to coordinate and guide the work performed by technical experts to ensure that the client receives a quality work product consistent with legal counsel's advice. In addition, on complex or high dollar construction claims, Mr. Dettman can perform a "second set of eyes" exposure analysis or CDR can provide additional technical support on an extension of staff basis.
2. Programmatic Reviews of Construction Claims Management Programs
This service concentrates on reviewing and providing recommendations on claims and changes management and alternative dispute resolution processes tailored to the needs of particular construction programs or projects. More specifically, this service includes: (a) a review of current contract documents and provisions for appropriate allocation of risk, clearness and consistency of terms and conditions, and up to date standard provisions such as scheduling requirements, notice and claim provisions, pricing methodologies, etc.; (b) a review of current claims management processes, policies and procedures to promote "best practices" and uniformity across projects in the interpretation and application of the client's contract documents; and (c) a review of current dispute resolution processes to ensure that they are tailored to the client's needs and management priorities with the objective of closing out projects without litigation.
Mr. Dettman works with clients' legal counsel in the review of contract documents and procedures to ensure that legal requirements are considered and implemented. This type of review results in a series of recommendations that the client can adopt as it deems appropriate for its construction program or project. CDR also assists in implementing and auditing the recommendations adopted by the client, including any training needed to ensure that allconstruction management personnel are well versed in the client's standard specifications and procedures.
3. Third Party Neutral Services
This service focuses on serving as a third party neutral in disputes, claims, and litigation involving both construction and commercial issues. Mr. Dettman can also provide independent case evaluation for pending claims where the client islooking for outside expert review for purposes of negotiation or, if necessary, consideration of litigation options.
Mr. Dettman has received mediator training required under Massachusetts General Laws Chapter 233, Section 23C. Mr. Dettman has extensive ADR experience from establishing and leading the successful CA/T Project mediation program through which thousands of claims worth hundreds of millions of dollars were resolved.
Mr. Dettman is on the Construction Arbitration Panel of the American Arbitration Association, the Construction Mediation Panel of Mediation Works Incorporated, the Arbitration Panel of the American Dispute Resolution Center, the Arbitration/Mediation/DRB Panel of Construction Dispute Resolution Services LLC, and the Arbitration Panel of the National Association of Securities Dealers. Mr.Dettman is qualified by the Dispute Resolution Board Foundation to serve as a member and chairperson of Dispute Review Boards. He is currently serving as the Chairperson of DRBs in Ohio on two bridge projects, each with a construction budget of over $45M.
