James R. Newland

District of Columbia

Dentons US LLP
1900 K Street NW
Washington, DC 20006
United States

Tel: +1 202 496 7290

Email: james.newland@dentons.com
Web: www.dentons.com

James Newland is a partner based in the Washington, DC office and U.S. Co-Head of Denton’s Global Infrastructure, Transportation, and Industrials Sector group.  He is a construction lawyer and dual qualified as a licensed architect. His practice involves contract negotiation, project advisory services during construction, and dispute resolution matters representing large domestic and foreign contractors, joint ventures, project owners, developers, foreign states, and multilateral international organizations.

James negotiates design and construction contracts using all project delivery systems and continues to advise clients during the design and construction phases including advice on claims.  When claims are not resolved, James arbitrates and litigates significant cases of first impression regarding complex engineering and construction issues.

James’s front-end project work includes drafting and negotiating construction contracts and procurement documents such as RFPs for design and construction contracts, FEED agreements and EPC contracts, Alliance/Integrated Project Delivery contracts, design-build agreements (conventional and progressive), CMr/CMa contracts, and design assist contracts. During the FEED, design, preconstruction, and construction phases, James advises on technical issues and claims strategy, including the analysis and advice on the preparation, prosecution, and defense of claims. James is an expert in variations (changes) and loss of labor productivity claims.

On the contentious side, James leads his clients through mediation, arbitration, or litigation of complex claims involving design and construction issues. James’s work includes logistics and distribution facilities; transportation projects (airports, highways, rail); energy and power projects (generation, storage, and distribution); process plants; laboratories; hospitals and related health care projects; entertainment venues and stadiums; the headquarters of international organizations; embassies; mixed-use projects; and hotels and resorts.

He represents clients in the U.S. and globally whether in trials, arbitrations, foreign adjudications, administrative tribunals, dispute resolution boards, mediations, in the U.S. Government agency boards of contract appeals, and in the U.S. Court of Federal Claims. James’s recent matters include his work as lead counsel in two high-profile appellate cases in the United States Court of Appeals for the DC Circuit.

James was an adjunct professor and a member of the Construction Industry Advisory Board of Virginia Tech’s Myers-Lawson School of Construction.  He taught the certificate program on construction risk management and courses in the custom solutions program for the VT MLSoC.

James is the Co-Chair of the Steering Committee for the International Law Community of the DC Bar.

Recent engagements include:

  • Representing a Texas energy company in drafting and negotiating a bespoke EPC agreement for its gas-fired power plant expansion.
  • Representing a foreign company concerning design and construction contracts for an eGMP biopharmaceutical research and production facility.
  • Representing a foreign infrastructure contractor in an internal investigation concerning a U.S. Government construction project.
  • Representing an Asian airline concerning the enforcement of a $240 million English judgment in the U.S.
  • Representing a Korean company in negotiating the FEED and future EPC contract for a $500 million process plant.
  • Representing the U.S. and UK sectors of an ecommerce company in claims and disputes concerning construction projects in the U.S. and Europe.
  • Drafting an international organization’s new suite of bespoke design and construction contracts.
  • Advising clients on two projects involving curtainwall tempered glass failures on high-rise buildings in Texas and North Carolina.
  • Representing a defense contractor on construction contract matters relating to federal construction projects.
  • Representing a foreign state in the design and construction of a mission in the U.S.
  • Representing contractors in several matters, including:
    • Private-party and government contract extension-of-time and additional-work claims.
    • A building façade collapse.
    • Losses arising from a hydronic pipe failure at a foreign state’s embassy.
  • Professional Member, American Institute of Architects
  • Member, American Hospital Association/American Society for Health Care Engineering
  • Member, American Bar Association Forum on the Construction Industry
  • Officer, Anti-Corruption Committee, International Bar Association
  • Co-Chair, International Community Steering Committee, D.C. Bar
  • Member, American Society of International Law
  • Member, Washington Foreign Law Society
  • Member, American Society of Civil Engineers
  • Member, Society of Construction Law, North America
  • Member, Airports Council International-North America

Dentons’ Construction and Engineering practice combines legal and technical expertise to advise clients throughout the lifecycle of complex construction projects. The team represents public and private owners, developers, contractors, subcontractors, architects, engineers, equipment manufacturers, suppliers, financial institutions, and guarantors across a broad range of project-related matters.

The practice advises on project development, procurement and contracting strategies, alliance agreements, public-private partnerships, health and safety, risk assessment, claims management, and dispute avoidance. Its lawyers also develop contracts for a wide range of construction and procurement methods, including FIDIC-based projects.

When disputes arise, Dentons handles matters involving tenders and contract awards, additional compensation, contractual penalties, performance issues, bank guarantees, and other complex construction claims. Working closely with engineers and technical experts, the team represents clients in litigation and domestic and international arbitration, providing integrated counsel on both the legal and technical aspects of construction disputes.

Dentons is a leading global law firm with an extensive presence across the United States, advising businesses, financial institutions, public entities, entrepreneurs, and individuals on sophisticated legal and commercial matters. Its US lawyers operate across major business centers and regional markets, combining deep knowledge of local and state law with the resources of a broad national platform.

The firm provides comprehensive counsel across corporate and transactional matters, litigation and dispute resolution, real estate, construction, labor and employment, intellectual property and technology, financial services, healthcare, energy, tax, government and regulatory matters, and trusts and estates, among numerous other areas. Dentons serves clients across a diverse range of industries, bringing together lawyers from different disciplines and locations to address complex transactions, disputes, regulatory challenges, and business opportunities.

Dentons’ US capabilities form part of a much larger international platform spanning markets throughout the Americas, Europe, the Middle East, Africa, and Asia-Pacific. This global reach enables its US lawyers to coordinate seamlessly with colleagues and other professionals across jurisdictions, providing clients with integrated counsel on both domestic matters and sophisticated cross-border transactions and disputes.