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    Construction

 

  • Negotiated, drafted and administered domestic and international contracts, agreements, marketing materials, e-mails and proposed website language, project labor agreements and collective bargaining agreements with domestic local unions for construction and various large-scale projects, including design-build (DB), operation and maintenance (O&M), Federal Acquisition Regulation (FAR) forms, Defense Federal Acquisition Regulation (DFAR) forms, Defense Federal Acquisition Regulation Supplement (DFARS) forms, Army Corps of Engineers forms, manufacturing and distribution, technology and content delivery, transportation (by truck, rail and ship), joint-venture, alliance, business development, statement of work (SOW), outsourcing, procurement, solar energy and real estate sale and purchase, various leases (operating and capital equipment, commercial, industrial, land, retail real estate and telecommunications), engagement letters, offering memoranda and fairness opinions, and advised management and employees regarding planned reductions in force (RIFs).

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  • Domestic and international experience with non-standard various project structures, such as joint ventures, design-build, engineer/procure/construct (EPC) and engineer/procure/construct/install (EPCI) contracts, public-private partnerships and teaming.

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  • Comprehensive understanding (both legal – as an attorney – and practical – as a licensed architect and as a former general contractor and real estate developer) of the construction industry.

 

  • Experience (both architectural and legal) in project management and in managing complex assignments.

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  • Development and implementation of standard contract types and other legal templates.

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  • Developed the contract types and templates for heavy-construction projects, drafted and managed three hundred fifty-eight (358) consecutive construction contracts for bridges, buildings, airports, railroads, light rail, security, maritime, highways, tunnels, solar energy, sewerage-processing, water-processing and other miscellaneous heavy-construction projects, not one of which resulted in any litigation.

 

  • Authored co-authored or edited four hundred forty-four (444) specification sections.

 

  • Developed, drafted and managed major waterfront restoration construction contracts in association with the U.S. Army Corps of Engineers, based on the Defense Federal Acquisitions Regulations (DFARs).

 

  • Negotiated, drafted and managed contracts and agreements ancillary to construction activities, such as for procurement, operation and maintenance (O&M), technology licensing and content distribution, outsourcing services, equipment leases, professional services, master services, software purchase and licensing, RFPs, RFQs, bids, bid disputes, contractor qualifications, hardware purchase and lease, commissions, marketing, confidentiality, equipment rental, settlements, consulting agreements, telecommunications services and facilities, and negotiated the resolution of numerous major construction claims.

 

  • Representation in construction-related cases, and processed and managed numerous FOIA requests.

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  • Experience in the power generation industry, and the related logistics, procurement and sourcing therefore.

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  • Negotiated, drafted and administered contracts related to power marketing and derivatives including tolling, auctions, RFP responses, fuel supply and transportation, emissions credits, and master agreements relating to power purchase and finance, such as International Swaps and Derivatives Association (ISDA), Edison Electrical Institute (EEI), North American Energy Standards Board (NAESB), Renewable Energy Certificates, SO2 and NOX emissions allowances and regional products, and greenhouse gases such as offset projects, products, legislation, and trading, coal transportation and supply including master trading agreements, supply agreements, options, rail agreements, vessel charters and barge agreements, railcar leases, and ancillary agreements such as terminal, stevedoring and handling, gas supply agreements including gas supply master agreements and standalone gas supply and transportation agreements, oil supply and transportation agreements.

 

  • Negotiated, drafted and administered numerous ex-patriot agreements.

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  • Experience in many areas of domestic and international construction-related practice, such as alternative dispute resolution (ADR), arbitration, architects, architecture, bankruptcy, bonds, building codes, building permits, claims, collective bargaining, computer-aided drafting (CAD), construction contract templates, construction contracts, construction drawings, construction loans, Davis-Bacon Act, delays, employment, environmental, equipment financing, ex-patriot agreements, extras, False Claims Act, federal projects, financing, fire codes, , general contractors, hidden conditions, infrastructure, invitation for bid (IFB), insurance, labor, licensing of construction professionals, Leadership in Energy and Environmental Design (LEED), litigation, loans, marine, mechanics’ liens, mediation, municipal projects, negligence, negotiations, OSHA, project delivery systems, project financing, project labor agreements, payments processing, railroads, real estate, request for proposals (RFP), request for qualifications (RFQ), right-to-work, scheduling (Primavera, Microsoft Project, Excel, Word), shop drawings, specifications, state projects, subcontractors, surety law, sustainable construction, torts, uniform commercial code (UCC), unions, variances, violations, wage requirements, Workers’ Compensation, zoning.

 

  • Representation for construction professionals, such as architects, construction managers, design-builders, expediters, home inspectors, interior decorators, interior designers, general contractors, mechanics, owners, subcontractors and vendors throughout all the phases of the construction cycle, including prequalification, qualification, contract drafting and negotiation, bidding, award, claims, liens and post-project, in many types of complex construction projects such as airport, ambulatory care, assisted-living, big-box, bridge, clinic, commercial, community health center, condominium, co-operative, demolition, education, environmental, high-rise, hospital, hospitality, industrial, laboratory, light rail, mansion, marine, medical research, mixed-use, monorail, multi-family residential, new construction, office, planned community, planned unit development, power generation, rail, remediation, rehabilitation, renovation, restaurant, retail, road, senior-care, single-family residential, skilled-nursing, shopping center, strip mall, student housing, tunnel, urgent care and warehouse.

 

  • Construction defect experience (both legal and architectural).

 

  • Legal support at all stages of the construction project, from early involvement with developing the scope of work, RFP process, drafting and negotiating contracts, contract award, contract maintenance, project controls and construction management processes, negotiation of change orders, licenses and access agreements, to providing representation in disputes involving breach of contract, construction defects and design defects, through contract closeout.

 

  • Legal support for construction management, from initial site design visit through completed drawings, including drawing review (taking into account civil, electrical, mechanical, structural feasibility and value engineering), contractor and subcontractor qualifications verification, contract process, coordinating bid walk, distributing bid packages, monitoring progress, providing regular status updates, resolving issues.

 

  • Experience with various forms of financial structuring for construction projects – such as cost plus, guaranteed maximum price (GMP), lump sum, net cost – preconstruction activities – such as budgeting, constructability, logistics, scheduling – construction phase activities – such as change orders, contract and subcontract administration, delay claims, dispute resolution, payments, quality control, termination.

 

  • Reviewed proposed owner contracts to identify the key contract rights and obligations, prepared a contract summary, ensured that all requirements were defined, summarized and scheduled.

 

  • Compliance with all contract requirements though continuing audits during the term of the contract.

 

  • Participated in or led project meetings and field visits to construction sites.

 

  • Developed and maintained process documentation.

 

  • Assisted the construction project manager in identifying and documenting gaps in contractor performance and in making recommendations for improvements in the construction process.

 

  • Analyzed data to support the prequalification and evaluation of contractors and subcontractors.

 

  • Provided legal support to the senior project management team including enterprise risk management, joint venture partners, procurement, property management, surveyors, tax.

 

  • Experience with project management and document management software platforms, such as Ariba, enterprise content management (ECM), Primavera, Procore, SAP, Sharepoint, Microsoft Project, Excel and Word.

 

  • Experience with various software platforms used as the basis for construction-related software, such as SQL databases, .NET, VBA and understanding of database structure, security, roles, reports.

 

  • Experience with construction work processes and technology such as 3D Modeling, advanced work packaging (AWP), Bentley Construct SIM, materials management, SAP, workforce planning (WFP).

 

  • Risk management through comprehensive contract drafting, critical review and auditing.

 

  • Consultation for public construction projects that are subject to a great deal of regulation.

 

  • Representation for contractor prequalification issues, and for the procurement and management of bid bonds.

 

  • Assistance regarding responses to Information for Bidders (IFB) and the Request for Proposals (RFPs) on projects for New York City, and New York State, respectively, to address every bid requirement or provide alternatives to the proposed contract language (if allowed) and any construction methods to reduce cost and project length.

 

  • Representation for negotiation of extensions due to delays through no fault of the contractor, and the payment of extras for work not contained within the contract or specifications but as directed by the owner or architect.

 

  • Representation for releasing the proper allocation of retainage once substantial completion is achieved (as evidenced by the issuance of the certificate of substantial completion), and any disputes involved with such release (for example, if the owner claims that there are numerous defects in workmanship).

 

  • Assistance documenting construction site conditions through photographs, videos and site visits.

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  • Interpretation of the various American Institute of Architects (AIA) general conditions forms, regarding issues such as additions to the cost of construction, how change orders are to be documented and paid, extensions of the time for completion, insurance coverage, requirements or conditions for progress payments, termination of the work and the contract, the right to stop work, time limits on making claims for additional costs, when substantial completion is to be determined and how substantial completion is to be defined, when the final payment is to be made and what conditions must be met before final payment is made, uncovering and correcting work, warranties.

 

  • Representation for making claims in disputes, such as between an owner and a contractor or a contractor and a subcontractor, according to the requirements of the contract and the general conditions, under which the claimant is required to make a written claim to the other party, as a condition precedent to being resolved through negotiations, mediation, arbitration or litigation.

 

  • Drafting and negotiation of consulting and professional services agreements (such as with architects, construction managers, consultants, engineers, general contractors), construction management and general construction contracts, license agreements (such as between developers and neighboring property owners).

 

  • Consultation for assembling construction and design teams, and structuring business terms among the team members.

 

  • Drafting and negotiating architectural and construction agreements, preparation of the request for proposal (RFP) for architectural services, assisted in selecting a team of potential architects, worked closely with the client to prepare and negotiate the owner-favorable architect agreement through rounds of discussions, developed a Request for Qualifications (RFQ) and an RFP for construction management services and also the form of construction management agreement itself.

 

  • Legal support for in-house counsel, property managers, risk management personnel.

 

  • Consultation for the assembly of construction and design teams, and then allocating risk and structuring business terms among the team members.

 

  • General Counsel or Secretary to various commercial and construction-related Women-owned Business Enterprises (WBEs), Minority-owned Business Enterprises (MBEs) and private construction companies.

 

  • Conducted training for client personnel and management regarding the legal aspects and pitfalls of construction agreements and documents.

 

  • Managed and personally conducted complex domestic and international contract negotiations, including direct interface with other parties, lawyer teams and government officials regarding critical contractual and safety issues.

 

  • Active participation in all phases of the bid cycle, including RFP and RFQ drafting, contractor and subcontractor qualifications and selections and bid reviews.

 

  • Conducts legal due diligence reviews for construction-related mergers and acquisitions, and leads the overall legal evaluation.

 

  • Structures, negotiates, and finalizes the stock and asset purchase legal agreements for construction-related mergers and acquisitions.

 

  • Management of special legal projects and teams, supervision of outside counsel, always within budgetary constraints.

 

  • Identified labor-related risks and provided legal advice and support regarding general labor, non-union and union issues.

 

  • Consultation regarding the legal aspects of construction operations, such as planning, bidding, budgeting, contracting, regulatory compliance, scheduling, submitting claims, terminations.

 

  • Authored and managed discovery, e-discovery and electronic document retention protocols, procedures and corporate policies compliant with Electronic Discovery Reference Model (EDRM) guidelines related to construction projects.

 

  • Consultation for Wicks Law (New York Finance Law Section 135) compliance issues (for public contracts exceeding $1.5 million outside New York City and $3 million in New York City), requiring separate line items in the bid for specialty items and services, such as electric wiring, hot water heating, plumbing and gas fittings, standard illuminating fixtures, steam heating, ventilator and air conditioning apparatus.

 

  • Managed the procurement of domestic and international records management and records retention software platforms (including but not limited to DocStar, DocumentLocator, eFileCabinet, Fluix, GoCanvas, HotDocs, PinPoint and ViewCenter).

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    Last updated 200611_1924

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