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1 hour
A thorough review of the potential impacts of COVID-19 on construction contracts with the federal government and private owners. Coverage includes the clauses covering delay, impact, acceleration, suspension of the work, stop work orders, changes and termination (whether express or constructive); as well as the mechanics of the clauses and the cases construing them. The program focuses on the practical aspects of how best to manage the current situation, notice requirements, documenting claims, and consideration of risk management practices.

Learning Objectives:
  • Review the text of the FAR contract clauses, and the private construction contract clauses in play with COVID-19-related delay, suspension, changes, and price adjustments. 
  • Review the cases construing the clauses in light of past epidemics, quarantine restrictions, and government action affecting performance.
  • Review excusable delay and constructive acceleration arising from project suspension as well as subcontractor and supply chain delays due to illness or government restrictions arising from COVID-19.
  • Review the requirements for mitigating delay and proving delay and acceleration claims arising from or related to COVID-19.
  • Review the potential impacts on unchanged work due to product substitution to solve supply-chain problems as well as losses of productivity.  Recognize notice requirements and the steps to preserve the right to an REA or Claim.
  • Review lower-tier liability, no-damages for delay clauses and the effect on prime contractor liability.
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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Schedule Training
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