Jeff D. Bernarducci is a Boston attorney providing strategy, risk-management, litigation and transactional services to clients in the construction, energy and real estate sectors. Mr. Bernarducci's clients include construction managers, real estate developers, power developers, investment funds, universities, owner representatives, sureties, specialty subcontractors, architects and engineers.
Mr. Bernarducci is the past co-chair of the Boston Bar Association’s Construction Law Committee and was recently recognized in the Best Lawyers in America and Chambers USA – America’s Leading Business Lawyers guides. During law school, Mr. Bernarducci was the editor-in-chief for the Suffolk Journal of Trial & Appellate Advocacy.
Litigation and Alternative Dispute Resolution
Mr. Bernarducci has decades of experience providing litigation and dispute resolution services to construction clients in high-stakes construction matters. His cases typically arise from power facilities, electric-transmission, mixed-use high-rise, laboratory/biotech development, institutional projects, real estate finance, surety workouts and similar construction and development matters. He has litigated more than 75 cases – many of which involve risk profiles between $750,000 and $50 million in dispute.
Mr. Bernarducci's work includes upstream and downstream claim development of all kinds and includes schedule delay, productivity, construction defect, product warranty, false claims, Federal Acquisition Regulation (FAR), Miller Act, suretyship concerns, professional malpractice and related matters. He also has significant experience managing various engineering disciplines for claim development, including, without limitation, structural, mechanical, geotechnical, electrical (i.e. electric transmission-system design), building-envelope technologies, metallurgy, utility design (transmission and sewer systems), project management and real estate finance disciplines.
Sample engagements include:
- 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
Strategy, Advisory, and Risk Management
Mr. Bernarducci also has extensive experience providing strategy and risk-management counseling to client executives and project teams. Sample engagements include:
- 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
Mr. Bernarducci's practice also includes robust transactional experience in the representation of construction managers, project developers and other industry stakeholders in hundreds of deals arising from the energy (power and transmission), commercial, residential, institutional, laboratory, manufacturing and residential sectors. Deal structures include, without limitation, design-bid-build, design-build, EPC and joint venture arrangements. Sample engagements include:
- 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
Mr. Bernarducci's transactional experience also includes the structuring and negotiation of other key industry documents, including, without limitation, designer agreements, purchase orders for key power equipment, project close-out resolutions, multiparty escrow agreements at commercial property closings, nondisclosure agreements, confidentiality agreements and complex litigation settlements.