Review Vacancy
AgencyGeneral Services, Office of
TitleAssociate Counsel - VID 183588
Bargaining UnitM/C - Managerial/Confidential (Unrepresented)
Salary RangeFrom $111925 to $141439 Annually
Duties Description Under the general direction of a Supervising Attorney, this position’s core responsibility is to act as the lead program attorney for the agency’s Design and Construction program, which includes providing legal advice on construction contract formation and administration including bid disqualifications, withdrawals, change orders, mechanics’ liens, bankruptcy, and the defense and settlement of contract claims. Experience with bankruptcy and surety law is helpful, but not required. Key functions of this position include, but are not limited to the following:
• Provide legal advice on the formation and administration of public works and design-build contracts including bid disqualifications, disputes, withdrawals, assignments, project labor agreements and vendor responsibility.
• Provide legal advice to program staff regarding contract disputes, change orders, mechanics liens, bankruptcy and the defense and settlement of delay claims and other contract claims.
• Negotiate with legal counsel for sureties on surety takeover letters, assignment of monies, tender agreements, completion of projects under performance bonds.
• Prepare settlement recommendation forms and, after approval, participates in settlement negotiations and drafts settlement proposals, appeals, stipulations, and dismissals in matters having an effect on agency programs or policies or those matters having a monetary exposure for the State.
• In consultation with the counsel of record (Assistant Attorney General or outside counsel), formulates the OGS position and the strategy for the prosecution or defense of actions or proceedings.
• Review and revise draft pleadings, affidavits, and legal memoranda to ensure the facts are clearly and precisely presented and arguments are advanced persuasively.
• Supervise the activities of attorneys engaged in construction, litigation, and related matters.
• Advise agency managers and program administrators on the effective implementation of laws and regulations relating to construction related issues.
• Advise agency managers and program administrators on the legality of current and proposed agency action and policy relating to construction.
• Analyze program requests for statutory and regulatory changes.
• Review proposed legislation and regulations to determine their effect on agency practices and policies primarily relating to construction and drafts agency comments on such proposals.
• Where warranted, suggest changes to statute and agency regulations.
• Provide guidance on bankruptcy matters, stays, trust fund disputes and other implications of such filings.
• Performs other duties as assigned by the Counsel, the Deputy Counsel, and the Supervising Attorneys.
Minimum Qualifications Candidates must have been admitted to the New York State Bar and must have had four years of experience in the practice of law subsequent admission to the Bar.
Preferred Qualifications:
Five years' experience with construction contracting and construction litigation.
Additional Comments This position is temporary, pending Civil Service Commission action to place the position in the Exempt class.
OGS Legal Services consists of 17 attorneys, one paralegal, and four administrative staff. We have established a cordial, energetic, law firm-type of atmosphere that operates with a very supportive team approach. All attorneys have a private office with windows. Workdays are a family-friendly 7.5 hours, with additional hours required rarely and only as project needs demand. OGS has adopted a telecommuting policy that permits eligible employees to work remotely up to two days per week; new attorneys are eligible after successful completion of a probationary period.
The Office of General Services (OGS) is an equal opportunity employer, and we recognize that diversity in our workforce is critical to fulfilling our mission. We encourage applicants from all communities to apply.
For a full version of OGS’s EEO/AA statement and benefits joining Team #OneOGS, please visit http://www.ogs.ny.gov/employment.
Some positions may require additional credentials or a background check to verify your identity.
Email Address HRresumes@ogs.ny.gov
Address
Street NYS Office of General Services, HRM
31st Floor Corning Tower, Empire State Plaza
Notes on ApplyingPlease submit a resume and cover letter detailing how you meet the minimum qualifications. Indicate the Position Title & Vacancy ID number of each position you are applying to.