Job Details
Job Summary:
At Bernards, we pride ourselves on our core values of Mutual Respect, Integrity, Serving Others, and Continuous Improvement. We are seeking a talented Corporate Counsel Associate who embodies these values.
Essential Duties & Responsibilities, including but not limited to:
Dispute Management
- Drafting letters to owners, trade partners, and others on project critical issues (e.g., owner delay, slow payment, performance, etc.). Strategic advising on problematic projects (e.g., legal options versus informal options and planning responses to aggressive or nonresponsive owners). Filing mechanic's liens and negotiating the removal of liens that subcontractors file.
- Preparing project staff for mediation, DBE/SBE substitution hearings, and Dispute Resolution Board hearings. Compile documents prepare draft discovery responses and respond to third-party subpoenas. Prepare for and attend alternative dispute resolutions, hearings, trials, etc. as appropriate.
- Provide general legal advice to Bernards team members. Assist/lead internal investigations regarding employment-related matters with HR and Risk & Safety. Review, update, and modify claims and litigation database.
- Assist Prepare and update the corporate litigation budget.
- Oversee misc. legal matters, such as writs of attachments, NDAs, assignments, etc.
Management of Litigation
- Organizing evidence proactively to save money. For example, creating timelines or organizing documents before giving them to outside counsel can significantly reduce billable hours. Ensuring Bernard's people are aware of their litigation obligations and complete them on time (e.g., depositions, affidavits).
- Review, negotiate, and approve agreements and invoices per approved agreements. Assist with the development of budgets for each matter. Help develop a preferred list of attorneys, mediators, and arbitrators by area of expertise.
- Assist with all aspects of litigation - respond to document requests, prepare discovery responses, review, and edit motions, briefs, and memoranda from outside counsel Assist with managing outside counsel throughout the pre-litigation and litigation processes. Assist in managing outside counsel representing Bernards during the administrative hearing process.
Subcontract Management
- Reviewing and negotiating subcontracts. Development of a contract playbook for project team members to facilitate negotiations. Setting up/managing Master Service Agreements for frequent services (e.g., porta-potties). Resolving emerging disputes (e.g., payment, liens, stop payment notices) before they go to arbitration/litigation.
- Negotiating and drafting settlement agreements. Quality control for a document management system for tracking preliminary notices, lien releases, and correspondence for each subcontractor. Review Project Labor Agreements and provide advice to operations regarding various terms and conditions and consistency with existing labor agreements.
- Manage all contract reviews and assist project teams during the negotiation of downstream agreements, including any other contracts Bernards may enter with service providers. Manage all matters related to payment rights on the projects, including but not limited to filing preliminary notices, stop payments, mechanics liens, tracking notices of completions, and ensuring Bernards payment rights are in full compliance with the laws. Manage all matters related to subcontractors and suppliers payment claims against Bernards and our projects. Respond to and manage the claims made against our surety. Manage subcontractor defaults; work with project teams to ensure that Bernards interests are properly protected by subcontractors' bonding companies; assist in managing litigation arising out of any breach of payment or performance bonds.
Risk Management
- Assist in managing builder's risk insurance, general liability insurance, professional liability insurance, and any other insurance issues on a variety of different project types in both pre-litigation and litigation modes. Work with the Risk Manager to assist project teams in understanding basic insurance coverage for construction defects, builder's risk, auto, worker's compensation, and property damage claims. Assist in communications with national, state, and local regulatory agencies, such as the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, Occupational Health and Safety Administration, Storm Water Regulatory Agencies, Air Quality Management Districts, and the National Labor Relations Board.
- Assist in managing prevailing wage and apprenticeship ratio complaints issued by the Labor Commissioner, Division of Labor Standards and Enforcement.
Training
- Contract education for project team members.
- Creating prime contract summaries of important obligations or processes (e.g., notice timelines for change orders) for project engineers and managers to use at the start of a new project.
Partnering and Associated Business Matters
- Drafting and negotiating Joint Venture Agreements. Creating subsidiary companies (e.g., new LLCs or corporations), including filing articles, drafting operating agreements/bylaws, and acquiring appropriate licenses. Advising on the acquisition of other businesses. Knowledge management for the legal department for new hires and outside counsel.
- Assisting with prequalification questionnaires.
Prime Contract Management
- Drafting Letters of Intent or Memorandums of Understanding at early stages.
- Assist with drafting, reviewing, and negotiating prime contracts and significant amendments or change orders.
Reporting
- Communicating frequently on the status of open negotiations and disputes to involved stakeholders.
- Reporting on the legal budget.
All other duties as assigned.
Preferred Experience, Education, and Skills:
- Have a deep understanding of the California Public Contract, Civil, and Labor Codes and provide training to project teams as part of the Company's compliance program.
- Have a deep understanding of California construction law and provide training to project teams regarding legal provisions impacting their work.
- Juris Doctorate from an ABA-accredited law school.
- Licensed to practice law in California, admitted to the California State Bar, and in good standing.
- Minimum of ten years of experience as a practicing attorney.
- Extensive Litigation experience.
- Ability to communicate with other departments articulately, concisely, and with well-reasoned opinions, including communicating complex legal concepts to non-attorney team members in a concise yet thorough manner. Excellent verbal and written communication skills. Strong interpersonal and diplomatic skills.
- Proven ability to oversee multiple projects, prioritize, and meet deadlines. Meticulous attention to detail and quality of work product. Ability to work independently and determine creative solutions.
- Versatility, flexibility, and willingness to work within constantly changing priorities with enthusiasm.
About Bernards
Established in 1974, Bernards is a growth-oriented Employee-Owned multidisciplinary commercial builder and construction management company delivering technical expertise and outstanding construction services to developers, corporations, educational institutions, and public agencies for projects ranging in size from $5 million to over $500 million. The most significant disciplines in which Bernard's projects are focused are healthcare, K 12/Higher Education, Government, Entertainment, Mixed-Use, Residential, Retail, and more.
Aligning with our mission of building a better experience for our customers, industry partners, and Employees, Bernards continuously builds its premier contractor status by exhibiting core values of mutual respect, integrity, serving others, and continuous improvement, daily.
As an Employee-Owner, youll experience competitive pay and enjoy comprehensive benefits that include:
- Medical, Dental, and Health Insurance
- Stock Interest in the Employee Ownership Plan
- Health Savings Account
- Flexible Spending Account
- Employer Paid Life Insurance
- 401(k) with employer match
- Open Personal Time Off
- Sick Time
- Paid Holidays
- Tuition Reimbursement
- Employee Referral Bonus
- Employee Assistance Program
- Flexible Work Hours
Bernards is an equal opportunity employer that strives to attain and retain, top diversified talent in the construction industry. All qualified individuals will receive consideration for employment without regard to race, color, age, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, genetic information, or any other criteria protected by federal, state, or local law.
For candidates that need reasonable accommodations during the application process, or to perform essential functions of this role, please contact ...@bernards.com