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
- 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