Jeff D Bernarducci

Partner
  • T 617.854.1408

Jeff D. Bernarducci is a Boston litigation attorney who maintains a general litigation and corporate risk management practice. Mr. Bernarducci's work is of the outsourced general counsel variety and includes complex litigation, transactional and strategic risk management services. His practice reaches across numerous industries, and he has extensive experience in the construction, energy and commercial real estate space. Mr. Bernarducci's clients include construction managers, real estate developers, investment funds, universities, owner representatives, sureties, specialty subcontractors, architects and engineers.

During law school, Mr. Bernarducci was the editor-in-chief for the Suffolk Journal of Trial & Appellate Advocacy. He also completed a federal clerkship at the U.S. Bankruptcy Court for the District of Rhode Island.

Transactional Practice

  • Drafted, analyzed and/or negotiated commercial construction contracts relative to EPC (engineer/procure/construct), Design-Build and Design-Bid-Build delivery systems
  • Drafted, analyzed and/or negotiated prime contracts, subcontracts, purchase orders, service agreements, Owner’s Project Manager (OPM) contracts and other agreements involving large-scale utility projects for electric-transmission upgrades, electric generation from wind and electric generation from natural gas
  • Drafted, analyzed and/or negotiated prime contracts, subcontracts, purchase orders, service agreements, OPM contracts and other agreements involving large-scale vertical construction projects in the retail, federal and state government, and higher education sectors
  • Drafted, developed and/or negotiated letters of credit, promissory notes, joint venture agreements, indemnity agreements, consulting agreements, project close-out resolutions, multiparty escrow agreements at commercial property closings, nondisclosure agreements, confidentiality agreements and complex litigation settlements

Litigation and Alternative Dispute Resolution

  • Managed and negotiated numerous complex, high-stakes litigation matters arising from power facilities, electric transmission reliability projects, mixed-use commercial and residential high-rise projects, real estate finance deals, surety workouts and most other forms of commercial construction projects; litigation matters typically range from $250,000 to $40 million in dispute
  • Managed and negotiated litigation matters involving general corporate disputes, defaults on promissory notes, employment matters, as well as landlord/tenant and various railroad issues

International Arbitration

  • Managed multiple arbitrations in Bogotá, Colombia, arising from a $6 billion oil refinery project for which Mr. Bernarducci helped represent the EPC contractor; Mr. Bernarducci provided general counseling, risk management and strategy advice on myriad issues involving upstream and downstream payment risk, claims, change management, project-control issues and project scheduling; he worked with various client executives to develop global settlement strategies and position the client for negotiations with various parties
  • Advised on International Chamber of Commerce (ICC) arbitration involving more than $2 billion in claims from a power facility in South America

General/Corporate Practice

  • Provides strategy and risk management counseling to top-level client executives
  • Advises on general guidance involving labor and employment matters (including employment agreements, separations agreements and risks associated with collective bargaining agreements), corporate formation and succession-planning strategies, Uniform Commercial Code (UCC) matters, document-retention storage programs, insurance coverage and risk analysis including Errors & Omissions (E&O), Property and Commercial General Liability policies, as well as some bankruptcy issues

Honors & Awards

  • The Best Lawyers in America guide, Litigation - Construction, 2018
  • Rising Star, Massachusetts Super Lawyers magazine, 2009, 2010, 2013
  • OSHA 10-Hour Safety Program Certified

Memberships

  • 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