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This is session 1 of 14 in the Advanced Webinar Series on Contruction Contracts, Claims and Risk Management.

This program presents a thorough review of the changes process on construction projects using the federal government and private contract clauses, analyzing and discussing express, constructive and cardinal changes. Coverage includes a thorough review of the mechanics of the clauses and a practical review of how express and construction changes arise, recognizing changes, documenting the claim, and consideration of the risk management practices from the Owner, General Contractor and Subcontractor’s perspectives. The discussion includes the analysis of potential revisions to the private form clauses and subcontract forms to consider in managing the risk of changes during construction.

Learning Objectives:  After completing this course, you will be able to:
  • Understand the language and parts of the Changes clause under the FAR government contract clause and the private construction AIA contract clause.
  • Determine how the government and private clauses differ particularly as regards notice requirements and constructive changes, and how claims are preserved and presented.
  • Recognize the difference between express and constructive changes and the Owner’s obligations, the Contractor’s rights, and the obligation to perform.
  • Recognize changes claims and preserve the right to an REA or Claim.
  • Identify the basic risk assignment issues among the Owner, the General Contractor and the Subcontractor(s).
  • Identify potential language to amend and adjust the clauses according to your risk assessment.



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About Our Experts
  • James Newland
    Partner, Dentons US LLP
    James Newland is a partner in Dentons US LLP, a licensed architect, and his law practice focuses on major construction and public works projects and includes a mix of non-contentious and contentious matters. He is ranked by Chambers USA which describes him as “very well versed in construction law and construction related issues.” He began practice in 1998.

    In his practice, James drafts and negotiates construction contracts and procurement documents and helps clients resolve major complex claims involving construction and design issues on domestic and international projects. He represents national and international contractors and project owners in transactional work, mediation, arbitration and litigation. He has significant experience in vertical construction, power and heavy civil contracting and claims, as well as in design-build, P3, alliance contracting and traditional design-bid build delivery formats. Government construction contracting is a major focus of his work.

    Prior to practicing law, James practiced architecture and worked as a project manager on development projects. Given this experience, James is frequently called upon to counsel clients on risk management and allocation, advising on troubled projects during the construction phase, project work-outs and project closeout strategies.
    James received a Bachelor of Architecture degree from Virginia Polytechnic Institute and State University and earned his JD from the University of Pittsburgh School of Law.
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