Construction Contract Claims- Preparation and Documentation - Session 11

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This is session 11 of 14 in the Advanced Webinar Series on Contruction Contracts, Claims and Risk Management.

Claims management is a vital aspect of private construction projects. This webinar analyzes the types of claims arising on construction projects and the methods of proof and presentation of the claims in mediation, arbitration or litigation. Issues of entitlement and quantum are covered along with the categories of cost and the records used in the factual presentation and calculation of delays and damages, the use of expert witnesses, and consideration of the contract clauses as they affect the interests of the Owner, General Contractor and Subcontractor. The course concludes with a discussion of the substantive and procedural aspects of the claims and modifications to contract clauses to address the assignment of risk.

Learning Objectives: After completing this course, you will be able to:

Understand the burden of proof as it relates to the concepts of entitlement to recover and the quantum or the amount of the claim.
Understand the types of records used to present the claim.
Recognize the differences between the methods of presenting the quantum or amount of the claim.
Understand the text of the contract clauses as they affect the Contractor’s right to have a claim and the Owner’s rights in response.
Identify the flow-through aspects of claims presentation and apportionment of recovery between the General Contractor and the Subcontractor(s).
Identify potential language to amend and adjust the clauses according to your risk assessment.

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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Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 888.865.9082.