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Minimum Qualifications Transfer qualifications- New York State employee with one year of permanent or contingent-permanent, competitive service as a Senior Attorney (SG-25). Candidates must be law school graduates who are admitted to the New York State Bar and whose membership is in good standing. Please be sure to include in your resume or cover letter.
Duties Description The duties for the Senior Attorney position primarily will be to provide legal services regarding Commercial Contracts, including Construction Contracts, as follows:
• research pertinent court decisions, statutes, regulations, guidance and other precedents for drafting various types of construction contracts;
• negotiate with outside parties;
• prepare the legal documents;
• review documents for legal sufficiency;
• ensure appropriate Insurance protection is requested and in place;
• meet with the involved parties, including state control agencies, to provide or obtain information, answer questions and resolve problems;
• negotiate on behalf of the agency and in coordination with the Bureaus, the Regional Capital Facility Managers, project managers and construction managers when conflicts arise at any time during the procurement or construction process; and
• assist agency staff in dealing with non-responsive and non-responsible contractors.
The incumbent will work with the Bureaus, Regional Capital Facility Managers and the Attorney General’s Office (AG) on commercial and construction-related Litigation, as follows:
• advise the Capital Bureau and the Regional Capital Facility Managers on preserving evidence, compliance with the dispute resolution provisions of the Construction Contracts, mitigating damages, providing notices to contractors and any surety relating to the contracts, reviewing work orders, and all matters relating to negotiation or litigation regarding the Construction Contracts;
• provide the AG with all information necessary to the prosecution/defense of the construction contract litigation, including preparation of witnesses, accumulation of evidence, providing any investigation results, responding to discovery and other litigation demands, and supporting the agency’s participation in any bankruptcy proceedings;
• assist the Bureaus in complying with procuring and managing commercial contracts, including construction contracts;
• assist the Capital Bureau in representing the agency on the Council of Contracting Agencies and working with the Office of General Services on contracting issues.
The incumbent will work on construction related licenses and work permits and other construction related real property management. They will also provide legal advice and opinions to supervising attorneys, agency staff, complainants and others about applicable statutes, regulations and policies including the NYS Uniform Fire Prevention and Building Code and the Americans with Disabilities Act.
The incumbent will conduct Legal Research and respond, both orally and in writing, to requests for responses to correspondence; research requests and inquiries from agency staff; prepare legal opinions, policies and guidelines; and assist in monitoring agency compliance with applicable building codes, the ADA and other construction related statutes, laws, rules and regulations.
The incumbent will have General Transactional Contract Experience, and assist with legal matters in other subject areas, including the business office as needed, depending on the workload of Counsel’s Office and at the direction of the General Counsel or the Supervising Attorney.
Due to the small size of the Counsel’s Office, the incumbent will report directly to the General Counsel, and will be expected to work with other staff attorneys but also exercise a considerable degree of independent judgment. Other duties not enumerated in this description may be required as needed.
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