Prosecution and Defense of Government Construction Contract Claims - Session 12

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This is session 12 of 14 in the Advanced Webinar Series on Contruction Contracts, Claims and Risk Management.

Claims against the Government on federal government construction contracts is a normal aspect of public construction projects. This webinar analyzes the types of claims arising on government construction projects and the methods of proof and presentation of those claims in mediation or litigation. The course covers issues of entitlement and quantum 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 Prime Contractor and the Subcontractors. 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 techniques to identify when constructive changes or events giving rise to a claim occur, and how to document the claim.
Identify techniques to preserve claims, to satisfy notice requirements, and how to address the Government’s defense when notice is lacking.
Understand the difference between entitlement and quantum and how best to present the claim.
Identify techniques to track costs and present the quantum or damages.
Recognize the procedural aspects of the Disputes clause and how the concept of flow through can address the risk profile of the General Contractor and the Subcontractor(s).

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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Bring Federal Publications Seminars to your location! If you would like to offer this course in-house, please contact us.

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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.