James F. Nagle, Esq.

T: 206-622-5267
F: 206-292-9082
Available nationwide
Engineering and Construction

James F. Nagle, Esq. is nationally renowned for his expertise in federal contracting, particularly in the area of construction law. His extensive experience includes work with supply, services, international, major systems and construction contracts. He is an experienced mediator, arbitrator, litigator, teacher and expert witness. Before joining JAMS in 2009, he worked exclusively in government contracting for 38 years, including 14 years for the U.S. Army and the last 24 years with the law firm of Oles Morrison Rinker & Baker. He is held in the highest regard by counsel for his integrity, fairness and objectivity.

Experience and Qualifications

  • Mediated to settlement, a false claims matter involving a contract for the reconstruction of the Interstate 35 bridge in Minnesota
  • Mediated and arbitrated disputes involving public contracts, Federal acquisition, and stimulus funds; disputes involving complex issues of Procurement and Public contract law; disputes between the government and the prime; and disputes between the prime and its subcontractors on domestic and international projects
  • Handled many cases involving surety issues and bid protests
  • Worked on major (eight to nine figure) multi-party disputes involving power plants, aerospace, munitions, energy, nuclear, remediation, environmental, manufacturing, supply, and services
  • Possesses significant experience in large complex cases involving defective pricing, terminations for convenience or default, breach of contract and warranty, fraud, False Claims Act, excusable delays, federal cost principles, CPM scheduling and analysis, lost productivity, and disruption; invoking the following clauses and doctrines, Changes, Constructive Changes, Delays, Schedules, Differing Site Conditions, Defective Specifications, and Superior Knowledge
  • An expert in contract law, worked exclusively in government contracting for the last 30 years; eleven years for the U.S. Army and the last 19 years with the law firm of Oles Morrison Rinker & Baker

Representative Matters

  • Arbitrated multi-million dollar international dispute between prime and subcontractor on a federal contract in Afghanistan
  • Arbitrated a dispute between a regional government authority and an architectural/engineering (A/E) firm arising out of services performed on a federally funded  construction project to which portions of the Federal Acquisition Regulation applied. The issue arose regarding whether certain salary and bonus payments made by the A/E firm met the cost allowability rules under the federal system and would therefore be reimbursed to the regional government authority.

  • Mediated claims, under the Washington’s Consumer Protection Act, for damages resulting from loss of IDIQ contract with the U.S. State Department

  • Served as a project neutral in a dispute between the Corps of Engineers and a contractor regarding a major project in the South Pacific
  • Served as technical advisor to a federal judge in the mediation of defective pricing allegation between the United States government and a major defense contractor
  • Served as technical advisor to a retired state judge serving as a mediator between the Navy and a major defense contractor regarding defective pricing

Honors, Memberships, and Professional Activities

  • Recognized as a "Super Lawyer" by Washington Super Lawyersmagazine, 2007-2015
  • Recognized as a “Super Lawyer” in the Construction/Surety area by Washington Law & Politics, 2007-2010
  • Recipient of the Federal Bar Foundation Award for Distinguished Accomplishment in the Study of Procurement Law
  • Recipient of Life Services Award, Boards of Contract Appeals Bar Association
  • Fellow and member Board of Governors, American College of Construction Lawyers
  • Fellow and former member Board of Directors, National Contract Management Association (NCMA)
  • Founder and past chairman, Public Contract Law Committee, ABA’s General Practice Section
  • Past President, Boards of Contract Appeals Bar Association
  • Admitted to practice: Washington and District of Columbia
  • Member, King County Bar Association; Washington State Bar Association, Construction Law Section; District of Columbia Bar Association; American Bar Association, Public Contract Law Section
  • Listed in Who’s Who in American Law and Who’s Who in America
  • Listed in International Who’s Who for Construction Lawyers

Background and Education

  • Mediator and Arbitrator, JAMS, 2009-present
  • Partner, Oles Morrison Rinker & Baker, 1990-present
  • Chief of the Logistics and Contract Law Branch of the Department of the Army Staff, 1988-1990
  • Trial Team Chief in the Army's Contract Appeals Division, 1982-1985
  • Ethics Adviser with the Office of Chief of Staff of the United States Army, 1988-1990
  • Judge Advocate General Corps, 1970-1990
  • S.J.D., in government contracts, George Washington University National Law Center, 1986
  • LL.M., George Washington University, 1981
  • J.D., Rutgers University, 1973
  • B.S., Georgetown University School of Foreign Service, 1970

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Nagle_James_Engineering and Construction_1049