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This is session 5 of 14 in the Advanced Webinar Series on Contruction Contracts, Claims and Risk Management.

Recognizing the method of specification and the associated allocation of risk is critical to contract performance. This webinar explains the types of specifications and analyzes the legal and risk management aspects associated with the detailed design and performance specifications prevalent in construction contracts. The program includes a review of the notice and claim aspects of the changes clauses as well as associated issues of delay and suspension of the work that may arise from defective specification cases.

Learning Objectives:  After completing this course, you will be able to:
  • Understand the mechanics of the two basic types of specifications: detailed design and performance specifications.
  • Identify mixed specifications and to assess responsibility thereunder.
  • Recognize defective specifications as constructive changes and understand the Owner’s obligations and the Contractor’s rights.
  • Recognize how defective speciation claims are preserved and what is recoverable.
  • Identify the basic risk assignment issues among the Owner, 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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