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This is session 3 of 14 in the Advanced Webinar Series on Contruction Contracts, Claims and Risk Management.

This webinar covers the contractual methods of dealing with the prospect of encountering and paying for concealed, unforeseen or unknown conditions encountered during construction, including the use of Type 1 and Type 2 differing site conditions under the USG and private construction contracts. The course covers the legal and practical aspects of recovery, including the implications of pre-bid site investigations, preconstruction services, the use of contingencies, documenting the conditions and notice requirements.

Learning Objectives:  After completing this course, you will be able to:
  • Understand the language and parts of the Differing Site Conditions clauses under the FAR government contract clause and the private construction AIA contract clause.
  • Identify and understand the difference between a Type I and a Type II Differing Site Condition.
  • Recognize the Owner’s obligations, the Contractor’s rights and the obligation to perform.
  • Recognize Differing Site Conditions claims and how to preserve the right to an REA or Claim.
  • Identify the basic risk assignment issues among the Owner, the General Contractor and the Subcontractor(s).
  • Understand the difference between a Differing Site Conditions claim and a claim for defective specifications.

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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