James W. Kutz

Jim's practice focuses primarily on the resolution and litigation of breach of contract and breach of warranty claims, with a concentration in the area of construction litigation and public procurement law. He handles a wide range of construction related matters for contractors, owners and design professionals, and regularly litigates construction claims in federal and state courts and before the Pennsylvania Board of Claims. Jim's construction law practice involves issues arising during all phases of the construction process, including drafting and negotiating contracts, resolving bid disputes, providing claims avoidance advice, prosecuting and defending payment and performance bond claims, claim preparation and negotiation, alternative dispute resolution and litigation. He also has significant appellate court experience, having successfully argued cases before the Pennsylvania Supreme Court, the Pennsylvania Superior Court, Commonwealth Court, and the United States Court of Appeals of the Third Circuit.

Jim's practice also includes a heavy emphasis on all aspects of the public procurement process. He served as an attorney for the Commonwealth of Pennsylvania Department of Transportation for 7 years before joining McNees Wallace & Nurick in 1993. Jim's public procurement practice includes: 

-Evaluating bid documents for compliance with all applicable state and federal procurement laws. 
-Providing advice under the Commonwealth Procurement Code and local procurement statutes. 
-Resolving disputes for contractors and public bodies on a wide range of procurement issues. 
-Providing advice to contractors and public bodies regarding small business and minority contracting programs. 
-Providing advice and guidance on public/private partnerships.

Jim also regularly represents several trade associations, primarily relating to the public construction contracting process. He is counsel to Associated Pennsylvania Constructors, a trade association for the highway construction industry in Pennsylvania. Jim also regularly lectures on issues of construction law and public contracting, and has published dozens of articles on construction issues and public contracting issues, including authoring a regular column in Highway Builder Magazine.