Attorneys Jeff D. Bernarducci

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shareholder | Boston, MA

Jeff provides strategic counseling, risk management, litigation, and transactional services to clients in the construction, energy, and real estate sectors. His clients include construction managers, EPC contractors, real estate developers, energy developers, investment funds, owner representatives, sureties, engineers, specialty subcontractors, and other stakeholders in the building industry.

Jeff is the past co-chair of the Boston Bar Association’s Construction Law Committee. He was also recently recognized by Best Lawyers in America and Chambers USA. During law school, Jeff served as the editor-in-chief for the Suffolk Journal of Trial & Appellate Advocacy.

Litigation and Alternative Dispute Resolution

Jeff has decades of experience providing litigation and dispute resolution services to construction clients in high-stakes construction matters. His cases typically arise from energy production and transmission projects (renewable and non-renewable), mixed-use high-rise, laboratory / biotech development, higher-ed institutional projects, project finance, surety workouts and similar matters. He has litigated more than 75 cases, many of which involve risk profiles between $750,000 and $50 million in dispute.

Jeff’s work includes upstream and downstream claim development of all kinds. He regularly handles complex construction matters involving forensic schedule-delay, productivity analysis, construction-defects, warranty issues, false claims, Federal Acquisition Regulation (FAR) considerations, suretyship, insurance-coverage issues, and related matters.

Jeff’s aptitude for understanding and leveraging technical issues also creates a significant advantage for his clients on complex construction matters. He has successfully managed experts in cases involving structural, mechanical, geotechnical, metallurgical, and electrical issues; wind and solar technologies; building-envelope technologies; and utility-system design (including electrical transmission and sewer systems). Jeff’s understanding of project management and project finance rounds out his ability to litigate and provide strategy advice concerning almost any project issue.

Transactional Practice and Advisory Services

Jeff’s practice also includes robust transactional experience and risk-management advisory services.  He has represented construction managers, project developers and other industry stakeholders in hundreds of deals arising from the energy, commercial, residential, institutional, laboratory, manufacturing and residential sectors. His structuring and negotiation experience includes all project-delivery systems including, without limitation, design-bid-build, design-build, EPC, and joint venture arrangements.

Jeff also has extensive experience providing strategy and risk-management counseling to client executives and project teams on project-side issues, investigations, and general corporate / organizational matters.

Representative Engagements

  • Representation of construction manager involving claims in excess of $10 million arising from a mixed-use residential tower in a major metropolitan market
  • Multiparty litigation matter representing construction manager on jet fuel delivery systems, power production, roads and bridges, and other civil infrastructure matters
  • Litigation of complex steel and precast installation case
  • Representation of real estate investment trust (REIT) involving $15 million in claims due to geotechnical impacts at large office property
  • Litigation and resolution of claims involving parking structures with complex geotechnical and forensic scheduling concerns
  • Litigation and resolution of claims involving large-scale roofing failures on institutional projects, architectural windows and related building envelope cases, both in the U.S. and international
  • Multiple large-scale commercial flooring cases
  • Handled the litigation and resolution of numerous complex claims involving sewer, wastewater, outfall and bypass pumping matters
  • More than 10 years of experience representing and advising on federal projects, including matters before the Armed Services Board of Contract Appeals (ASBCA)
  • Managed litigation teams for engineering, procurement and construction (EPC) contractor in South American subcontractor arbitrations arising from a $6 billion oil refinery project
  • Managed and negotiated litigation matters involving general corporate disputes, defaults on promissory notes, employment matters, landlord/tenant and various railroad issues
  • Regular and ongoing general counsel engagements with clients ranging from $200 million to $1 billion in revenue; such regular advisory matters include myriad issues on upstream and downstream payment risk, change management, project control, scheduling impacts, global settlement strategies and positioning client executives for multiparty negotiations
  • General counsel engagements also include enterprise and project-specific insurance strategies, corporate restructuring and related due diligence; advisory services also include assistance with surety underwriting and workouts, document retention strategies, collective bargaining agreements, employment matters and investigations (regulatory and grand jury)
  • Advised EPC contractor regarding the construction of a $6 billion oil refinery project in South America; included advice on project controls, change management, productivity, scheduling, payment disputes, insurance and claim management
  • Advice on bid protests, Request for Equitable Adjustment (REA) development and advice on Federal Acquisition Regulation (FAR) compliance for federal projects and procurement
  • Numerous engagements representing multiple construction managers concerning investigation by state energy regulators and U.S. Department of Justice (DOJ)
  • Advised solar developer through issues involving solar field failures, claim strategies and management of project investors
  • Conduct regular training sessions for clients on best practices for project management, contract negotiation, close-out resolutions and other matters
  • Multiple engagements representing renewable energy developers and EPC contractors concerning project operational advice
  • EPC contract analysis for transmission reliability project and formulate advice for project close-out negotiations with $40 million at issue
  • Structure and negotiate multiple EPC deals for new liquefied natural gas (LNG) facilities, gas metering stations and gas compressor stations
  • Represent EPC contractor in contract analysis and negotiation of gas-fired power facility expansion project
  • Structure and negotiate multiple EPC solar deals for clean-energy investment fund and power producers
  • Review and advise on wind turbine vendor agreement for bid purposes
  • Develop, draft and negotiate purchase orders for key power equipment (i.e. heat recovery steam generators (HRSGs), etc)
  • Deal analysis and internal risk assessment for EPC contractor concerning upland transmission connection for offshore wind project
  • Deal analysis and internal risk assessment for EPC contractor concerning wind project, specifically turbine pad and project roadway package
  • Deal analysis and internal risk assessment for construction manager concerning fiber-optic line installation for major utility upgrade
  • Develop, draft and distribute subcontract forms and related risk management program for numerous construction manager clients

Admissions

  • State of New Hampshire
  • Commonwealth of Massachusetts

Civic Involvement

  • Boston Bar Association's Construction Law Committee, Former Co-chair
  • Associated General Contractors of Massachusetts
  • Construction Financial Management Association
  • American Bar Association Forum on the Construction Industry
  • American Bar Association Litigation Section
  • Boston Bar Association

Awards

  • Chambers USA, Construction, 2020
  • Best Lawyers in America®, Litigation - Construction, 2018-2021
  • Rising Star, Massachusetts Super Lawyers®, 2009, 2010, 2013

Publications and Speaking Engagements

  • Governor Signs Bill Regulating Retainage On Private Construction Projects, August 12, 2014

  • Massachusetts High Court Issues Important Mechanic’s Lien Decision, July 28, 2011

  • EPA Targets Stormwater Discharges On Construction Sites, August 2, 2010

  • EPA Establishes New Effluent Guidelines And Standards For Discharges On Construction Sites, December 4, 2009

  • EPA Sharply Increases Enforcement Activity To Reduce Pollution From Stormwater Runoff On Construction Sites, December 18, 2008

  • Massachusetts: Containing The Massachusetts Mechanics’ Lien Statute: Subcontractors And Their Counsel Can’t Recover For Contractual Interest Or Attorneys’ Fees, December 2004

  • The New EPA Stormwater Rule’s Impact On The Construction Industry, Holland & Knight Webinar, April 29, 2010

  • Risk Management Strategies For Construction Stormwater Runoff, Breakfast Briefing Seminar, February 25, 2010

  • How To Get Into The Energy Business? Volunteer!, Moderator, March 12, 2009

  • Essential Risk Controls In Tight Markets, Associated General Contractors Of Massachusetts Seminar, January 27, 2009

  • Selected Issues In Construction Industry Insurance, Associated General Contractors Of Massachusetts Seminar, October 16, 2008

  • Practical Legal Advice For Project Managers, Associated General Contractors Of Massachusetts Seminar, May 8, 2008