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This is session 7 of 14 in the Advanced Webinar Series on Contruction Contracts, Claims and Risk Management.

Analyzing the General Contractor’s perspective and how it may protect its interests, this course provides an in-depth analysis of pass-through aspects of construction contracts and the methods of recognizing and accounting for the risks arising from the construction project. The program covers the claims and notice requirements associated with changes, differing site conditions, delays, disputes, and payment terms, including methods of dealing with Subcontractor claims and disputes when they arise from Owner conduct or when arising from General Contractor conduct. The object of the course is to recognize the risks and account for them in negotiating and administering the prime contract and its subcontracts during performance.

Learning Objectives:  After completing this course, you will be able to:
  • Understand the General Contractor’s perspective regarding the language and parts of the Changes clause under the FAR government contract clause and the private construction AIA contract clause.
  • Recognize how flow-through among the Owner, General Contractor and the Subcontractor(s) affects the rights and obligations of the General Contractor.
  • Understand the Disputes Clause and how the concept of flow-through and contract drafting can protect the General Contractor.
  • Understand how bond claims from Subcontractors can be addressed through contract drafting and flow-through.
  • Identify the General Contractor’s position on 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.

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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