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Mediator Resume
Kenneth K. Sorteberg, Esq.
Current Employer-Title
Huddles Jones Sorteberg & Dachille, PC - Partner
Profession
Attorney, Arbitrator, Mediator
Work History
Partner, Huddles Jones Sorteberg & Dachille PC (formerly Huddles Jones Sorteberg & Campbell, PC), 1995 - Present; Associate, Braude & Margulies l PC, 1992 - 1994; Law Clerk, Miles & Stockbridge, 1992; Law Clerk, Maryland Stadium Authority, 1991 - 1992; Project Manager, Whiting-Turner Contracting Company, 1985 - 1991.
Experience
Law practice devoted exclusively to construction law, construction litigation, government contract law, mediation and arbitration. Represents government owners, private owners and developers, architects, sureties, insurers, general contractors, construction managers, subcontractors, suppliers, home owners and other types of clients in construction cases ranging to $30 million on public and private construction projects, including U.S. military installations, university facilities, local school systems, correctional facilities, state transportation/highways, landfills, heavy industrial, food service, warehouse, office, commercial, religious, and large and small scale housing/residential projects. Experience includes appearances before federal and state courts, appellate courts, contract appeal boards, and mediation and arbitration panels. Construction issues have included bid protests, bond claims, mechanics' liens, construction defects, design errors, changes, differing site conditions, failure to perform, failure to pay, construction financing, improper/negligent inspection, delay and interference, liquidated damages, default termination, economic waste, price escalation, water and mold damage, residential construction issues, breach of warranty, fraud/deception/negligence, tortious interference with contract, consumer protection, and negligent construction. Approximately 20% of law practice is transactional, such as drafting, reviewing and negotiating contract documents; preparing draft project correspondence; performing schedule and claim analyses; preparing actual claim submissions; and negotiating practical solutions to project administration issues. Practice also involves performing client seminars; writing articles for publication; serving as faculty at construction-related conferences; and lobbying with respect to proposed legislative change affecting the construction industry.
Mediator Experience
Served as mediator and arbitrator on the AAA roster of neutrals for well over a decade, and has served as court-appointed mediator of construction cases since 2001 for several Maryland Circuit Courts. Also represents own clients in mediations on a regular basis. Mediations have involved both private and government projects, and have involved disputes between and/or among owners, developers, condominium associations, prime contractors, subcontractors, suppliers, homeowners, sureties and insurers on a wide range of construction-related issues. The amounts in dispute have ranged from tens of thousands of dollars to millions of dollars. Certified and Trained Mediator, State of Maryland, 2001.
Representative Issues Handled as a Mediator
Construction cases mediated have included such issues as construction defects, design errors, failure to perform, failure to pay, improper/negligent inspection, delay and interference, default termination, economic waste, price escalation, water and mold damage, residential construction issues, breach of contract, breach of warranty, negligent construction, consumer protection act violations, deceptive/unfair trade practices, fraud/deceit/misrepresentation, development rights and zoning issues.
Mediator Style & Process Preferences
Based on many years of construction litigation experience, I recognize that a vast majority of construction disputes will be settled prior to trial or arbitration. Accordingly, parties to construction disputes will benefit greatly by resolving the disputes sooner rather than later. The benefits are manifested in terms of risk reduction, controlled outcomes, saved expert and attorneys' fees, salvaged business relationships, and ability to re-focus human resources on more productive ventures. Although they can be successful, direct negotiations between parties and attorneys often are not successful due to the adversarial nature of litigation and arbitration. On the other hand, a voluntary mediation provides a fresh structured settlement approach before a neutral mediator trained to bridge the chasm between the parties, to facilitate civil and meaningful negotiations, to lead the parties to a clearer understanding of the issues and risks, and to guide the parties toward common ground. The parties and their attorneys should attend the mediation in good faith, with open minds and with an understanding that the end result of a successful mediation will involve compromise by all parties.
Education
University of Maryland (JD, with honors-1993; BS, Civil Engineering with a concentration in Structural Engineering-1982); George Washington University (MS, Engineering Administration with concentration in Construction Management-1986).
Professional Licenses
Admitted to the Bar: District of Columbia (1996), Maryland (1993); U.S. District Court: District of Maryland (1994), District of Columbia (1994); U.S. Court of Appeals, Fourth Circuit (1994); U.S. Supreme Court (1997).
Professional Associations
American Society of Civil Engineers; Associated Builders and Contractors; Building Congress and Exchange; American Bar Association (Forum on Construction Industry); Maryland State Bar Association (Alternative Dispute Resolution).
Recent Publications & Speaking Engagements
PUBLICATIONS: "The Effect of 'Pay-If-Paid' Clause Has Been Eroded in Maryland," HUDDLES & JONES REPORT, Winter 2002; "Phillips Way Case Holds Lenders Accountable Under Maryland's Construction Trust Fund Statute," THE CONSTRUCTION LAW CENTER BLUEPRINT BRIEF, November 2001; "Value Engineering: Value Means More Than Just Dollars," JOURNAL OF THE ENGINEERING SOCIETY, Engineering Society of Baltimore, May 1998; "Partnering: What It Is and What It Isn't," JOURNAL OF THE ENGINEERING SOCIETY, Engineering Society of Baltimore, April 1998. Since 2015, Quarterly Legal Colum contributor to THE AGGREGATE NEWSLETTER of the Baltimore-Washington Chapter of the International Concrete Repair Institute.
SPEAKING ENGAGEMENTS: "AIA Contracts in Maryland," Lorman Education Services, 2004-present; "Change Orders in Maryland," Lorman Education Services, 2004-present; "Real Estate Development From Beginning to End," Lorman Education Services, 2006; "Fundamentals of Construction Contracts," Lorman Education Services, 2004-05; "Protecting Contractors From Mold Claims," The Jacobs Company, 2003.
Locations Where Parties Will Not be Charged for Travel Expenses
Baltimore-Washington Metropolitan Area; Eastern Shore of the Chesapeake Bay.
Compensation
Hourly Rate: $395.00
Daily Rate: Not provided
Study Rate: $395.00/hr
Cancellation: $395.00/hr
Cancellation Period: 1 Days
Comment: Single day mediations: 2 hours charged if cancelled less than 2 business days before scheduled mediation/no charge if cancelled more than 1 business day in advance. Multi-day mediations: 4 hours charged if cancelled less than 2 business days before scheduled mediation/no charge if cancelled more than 1 business day in advance. All mediation time, pre-mediation conferences, study/prep time and administration will be charged at the same rate. No charge for local travel time less than one hour. Willing to travel within Maryland, to Washington, DC, Virginia, Pennsylvania, West Virginia, Delaware, New Jersey and generally to the Eastern Seaboard.
Languages
English; Norwegian
Citizenship
United States of America
Locale
Columbia, Maryland
