Job Description
We are seeking a highly skilled and experienced Senior Construction Law Attorney to join our team and contribute to our continued success.
The ideal candidate will possess a strong background and deep understanding of construction law, progressive design build and innovative construction design to provide expert legal counsel and representation to our clients. Along with extensive experience in contract negotiation, dispute resolution, litigation, and regulatory compliance within the construction industry this ideal candidate will have expertise in navigating the complexities of construction law, from contract negotiation and dispute resolution to regulatory compliance and litigation, while providing comprehensive legal solutions tailored to the unique needs of construction professionals, including contractors, developers, and architects.
Key Responsibilities:
- Advise clients on a wide range of construction law matters, including contract negotiation, project management, and regulatory compliance.
- Represent clients in construction-related disputes, including litigation, arbitration, and mediation.
- Draft, review, and negotiate construction contracts, subcontracts, and other legal documents.
- Provide strategic legal counsel to clients on risk management and dispute avoidance.
- Stay current with industry developments and legal trends to provide informed and effective advice.
- Develop and maintain strong relationships with clients, understanding their business goals and providing tailored legal solutions.
- Mentor and supervise junior attorneys and support staff as needed.
Qualifications, highly preferred:
- Juris Doctor (JD) degree from an accredited law school.
- Admission to the state bar and in good standing.
- Minimum of 10 years of experience in construction law, with a proven track record of successful case outcomes.
- Extensive knowledge of construction contracts, construction defect claims, and related legal issues.
- Strong analytical, negotiation, and communication skills.
- Ability to manage multiple clients and cases simultaneously with a high level of organization and attention to detail.
- Excellent interpersonal skills and the ability to build lasting client relationships.
Benefits:
- Comprehensive health, dental, and vision insurance.
- Retirement plan with employer contributions.
- Generous paid time off and holiday schedule.
- Continuing legal education (CLE) opportunities and professional development support.
- Collaborative and supportive work environment.
Definition
Under direction of the General Counsel, the Senior Construction Law Attorney performs legal work of considerable difficulty, developing strategies and tactics, representing VTA in construction litigation matters, drafting and negotiating construction contracts, and performing related duties.
Distinguishing Characteristics
The Senior Construction Law Attorney has overall responsibility for major construction litigation and handles the most complex and specialized matters related to drafting and negotiating construction contracts. This position is a hybrid litigation and transactional practice. The incumbent may supervise or provide counsel to other VTA attorneys as assigned.
This classification is distinguished from the Deputy General Counsel in that the latter exercises supervisory or lead/training authority over other attorneys in litigation, arbitration, or with regard to selected transactional matters; and acts on behalf of the General Counsel as authorized.
About VTA
The Santa Clara Valley Transportation Authority employs more than 2,000 people dedicated to providing solutions that move Silicon Valley. Unique among transportation organizations in the San Francisco Bay Area, VTA is Santa Clara County’s authority for transit development and operations (light rail and bus), congestion management, transportation-related funding, highway design and construction, real estate and transit-oriented development, and bicycle and pedestrian planning. With local, state, and federal partners, VTA works to innovate the way Silicon Valley moves and provide mobility solutions for all.
Santa Clara Valley Transportation Authority (VTA) is an independent special district that provides sustainable, accessible, community-focused, innovative, and environmentally responsible transportation options promoting the region's vitality. VTA provides bus, light rail, and paratransit services and participates as a funding partner in regional rail services, including Caltrain, Capital Corridor, and the Altamont Corridor Express.
To learn more, go to: vta.org.
Our Community
Santa Clara County, sometimes referred to as “Silicon Valley”, is unique for its innovation, natural attractions, and social diversity. With numerous amenities and perfect weather, it has long been considered one of the best places in the United States to live and work. calendar of festivals and celebrations supports the community spirit. Nearby open space provides easy access to mountain parks, trails, lakes, streams, and beautiful coastal beaches. San José has received accolades for its vibrant neighborhoods, healthy lifestyle, and diverse attractions from national media, including Business Week and Money magazines.
The county’s population of 1.9 million is the largest in Northern California and is rich in ethnic culture and diversity. Enjoy access and the option to explore our closely neighboring counties of San Francisco and Alameda.
Classification Bargaining Unit: Non-Rep, Project (Project ends in 5 years, but subject to renewal)
Application Deadline: Please be aware that this position will close promptly on Sunday, August 25, 2024, at 11:59 pm. We encourage interested applicants to apply early to ensure consideration. Please click the hyperlink to apply directly to VTA website: Senior Construction Law Attorney - Office of the General Counsel https://www.governmentjobs.com/careers/vtasantaclara/jobs/4567036/senior-construction-law-attorney-office-of-the-general-counsel-project
Essential Job Functions
Typical Tasks
- Advises VTA staff in complex construction negotiation and/or litigation matters, including construction claims and bid protests;
- Drafts and negotiates a variety of contracts, including design-bid-build, design build, and progressive design build construction contracts, special service agreements, and agreements for professional services;
- Represents VTA in major construction litigation matters;
- Performs complex legal research; reviews research performed by others;
- Represents VTA in construction-related arbitration and mediation proceedings;
- Prepares or oversees preparation of complicated bid packages and procurement documents;
- Prepares cases for trial; reviews work of and assists other attorneys in preparation of cases;
- Develops VTA strategy and tactics (as defendant or plaintiff) and tries the more important cases before trial courts and represents VTA in appellate courts;
- May assign and review work of other attorneys, including outside counsel, related to assigned areas of responsibility; provides guidance and training to other attorneys;
- Initiates, researches, analyzes, and prepares opinions and briefs;
- Attends meetings of the Board of Directors as required by the General Counsel;
- Prepares complex legal opinions for VTA departments and the General Counsel;
- Reviews and coordinates activities of outside counsel in assigned areas of responsibility;
- Performs related duties as required.
Minimum Qualifications
Employment Standards
Sufficient training, education, and public or private legal experience to demonstrate required knowledge, skills, and abilities.
Development of the required knowledge, skills, and abilities is typically obtained through a combination of training and experience equivalent to possession of a Juris Doctorate from an accredited law school and extensive, increasingly responsible experience in an administrative or supervisory capacity, including recent trial experience in the areas of construction litigation, real property transactions, and eminent domain. Public procurement and contract negotiations experience, including bidding processes and alternative delivery method contracts, is required.
Membership in the California State Bar, or the ability to become a member within six months of appointment, is also required.
Experience with large or mega public infrastructure projects is preferred.
Supplemental Information
Knowledge of:
- Principles and practices of public sector procurement and public agency contracting;
- Construction law, including prevailing wage, labor law, subcontractor claims, bond claims, and surety law;
- State and federal court procedures and principles of public contract law;
- Matters of liability, risk, and exposure as related to public sector construction;
- Case law applicable to public agencies, especially transportation agencies;
- Federal, state, and local laws and regulations pertaining to public agencies, especially transportation agencies;
- Modern complex legal principles, practices, and procedures of contract and administrative law, especially related to construction and real estate;
- Organization, duties, powers, and authority of VTA.
Ability to:
- Effectively negotiate complex contracts, including construction contracts, special service agreements, and agreements for professional services;
- Prepare a broad range of bid packages and procurement documents;
- Develop effective legal strategies and tactics; prepare and present effective legal arguments;
- Evaluate alternatives and make sound recommendations;
- Litigate effectively and efficiently;
- Prepare clear, concise, and complete legal documents;
- Analyze highly complex legal issues accurately and in a timely manner;
- Assist VTA executive staff to effectively navigate competing legal, financial, reputational, and policy aspects of legal strategies;
- Prepare persuasive, sustainable legal opinions on highly complex subjects including in situations where there is no substantial precedent;
- Effectively represent VTA’s interest in complex mediation and arbitration proceedings;
- Exercise initiative, discretion, and independent judgment;
- Communicate effectively, both orally and in writing;
- Establish and maintain effective professional relationships with agency personnel and other attorneys, as well as with local officials and the general public.
What’s in it for You?
Work/Life Balance: 40-hour work weeks, and a option of a flexible/hybrid remote schedule.
Health: VTA participates in a CalPERS-sponsored medical plan with VTA contribution to employee and dependent premium health insurance premiums. Employees pay a monthly contribution of any amount in excess of the Kaiser Bay Area Family rate.
Flex Spending Account: $300 employer-funded Health FSA for eligible employees
Vision: VSP full premium for employees and eligible dependents
Dental: Delta Dental full premium for employees and eligible dependents
Leave: 17 days of vacation (accrued), 80 Hours of sick time (accrued), 12 paid holidays per year, and 1 floating holiday per year.
Retirement:
- Participation in CalPERS
- Classic Members: 2%@55
- PEPRA Members: 2%@62
- 457 Deferred Compensation Plan (voluntary)
- 457 pre-tax
- 457 Roth
- Self-directed brokerage account option for qualifying employees
- Retiree medical coverage for eligible employees with VTA contributions to the retiree’s medical premium
Additional perks:
- All active full-time employees and their eligible dependents are eligible for transit passes for use over VTA lines, including VTA Paratransit services.
- Employee Assistance Program (EAP) is available to each employee, eligible dependent, and household member, 24 hours a day, seven days a week.
- Tuition Reimbursement
- Professional Development Fund
- Wellness Programs
As we continue to implement our VTA Forward Plan, we aim to strengthen and increase our workforce to take on future opportunities and challenges by elevating our people and our services.
For more information about our VTA Forward Plan, visit: https://www.vta.org/VTAForward
General Instructions
Please read this entire job announcement before applying for the position. Print and keep a copy of this announcement so that you can refer to it. Questions not answered within this job announcement may be sent to [email protected].
To ensure consideration, completed applications must be submitted online to the Human Resources department by the stated closing time and date posted. When the stated closing date is “continuous,” apply immediately; the position may close without notice. You will receive an immediate email confirming receipt of your submitted application. If you do not receive this email, contact NEOGOV's Applicant Assistance Line at (855) 524-5627 between 8:00AM to 5:00PM (PST) Monday through Friday, excluding holidays.
Only on-line applications will be accepted for this recruitment (paper applications or resumes will not be accepted). Job Interest Notification Cards, or copies of previous, partial, or un-submitted applications, are not an acceptable substitute to a completed application.
ALL APPLICATION AND TESTING NOTIFICATIONS WILL BE SENT BY E-MAIL. Applicants should select e-mail as the preferred method of notification. Candidates must maintain an up-to-date, valid and reliable e-mail address. Candidates are also responsible for maintaining up-to-date phone numbers and addresses on their on-line account. Due to the number of applications received, candidates must check their application status through their on-line account. Contact NeoGov for assistance if needed.
Information on how to apply for jobs at the VTA is available on the VTA Employment website and from the NEOGOV's Applicant Assistance Line (855) 524-5627. NeoGov Applicant support is available from 8:00AM to 5:00PM (PST) Monday through Friday, excluding holidays.
Americans with Disabilities Act Accommodations
The Human Resources Department will make reasonable efforts in the recruitment/examination process to accommodate applicants with disabilities. If you wish to request an accommodation, call the Human Resources Department at (408) 321-5575 or email at [email protected].
Application Processing Information
All related current and past work experience (including VTA experience) must be listed and fully described in the Work Experience section of the application ("See Resume" is not acceptable). Incomplete or improperly completed online applications may be rejected even if you are qualified for the position for which you are applying. It is your responsibility to ensure that the online application reflects the work experience and education needed to meet the requirements for the position you are applying for. Although your resume may have all your experience and education details, please make sure to complete each section of the online application to ensure that your information is accurately captured during our screening process.
All applications are subject to review as to meeting minimum qualifications at any point in the recruitment process. Passing any step is no guarantee of continuation if it is determined that the applicant does not meet the minimum qualifications as stated in the class specification.
Candidates found to have exaggerated/falsified their qualifications, experience, training, and/or education may be disqualified at any point in the recruitment process and may be denied future employment with the VTA.
If selected for the position, candidates will be required to complete a criminal conviction disclosure form. Candidates who successfully become VTA employees and fail to disclose any of the criminal background information as required may be subject to discipline up to and including discharge.
Eligible Lists typically remain in effect for six (6) months. However, Human Resources may abolish Eligible Lists at any time during the six (6) month period. Human Resources may extend eligible Lists for up to two (2) years. Eligible Lists may be used for more than one recruitment. If you have questions related to an Eligible List you might be on or were on, you should contact Human Resources.
If you have questions regarding your status as an applicant for this position, please call the Human Resources Department at (408) 321-5575 or email at [email protected].
VTA is committed to providing reasonable accommodations to applicants and employees with disabilities or religious needs, absent undue hardship.
VTA is an equal employment opportunity employer. VTA does not and will not tolerate discrimination against applicants or employees on the basis of age, ancestry, color, marital status, mental or physical disability, genetic information, national, origin, immigration status, political affiliation, race, religion, creed, sex, gender identity, gender expression, sexual orientation, pregnancy, medical condition, disabled veteran or veteran status, etc.
Job Type: Full-time
Pay: $208,300.00 - $270,800.00 per year
Benefits:
- 401(k)
- Dental insurance
- Health insurance
- Life insurance
- Paid time off
- Retirement plan
- Tuition reimbursement
- Vision insurance
License/Certification:
Ability to Commute:
- San Jose, CA 95134 (Required)
Ability to Relocate:
- San Jose, CA 95134: Relocate before starting work (Required)
Work Location: In person
