Jeff Bernarducci

Practice Areas

Construction & Public Contracts

Transactions

Dispute Resolution

Litigation

Energy

Environmental

Insurance Coverage

Artificial Intelligence (AI)

Career

Hinckley Allen, Partner (2023-Present); Sheehan Phinney Bass & Green, Shareholder (2021-2023); Holland & Knight, Partner (2012-2021), Associate (2003-2012)

Professional Memberships

American Bar Association, Forum on the Construction Industry, Litigation Section

Associated General Contractors of Massachusetts

Boston Bar Association, Former Co-Chair, Construction Law Committee, Member

Massachusetts Bar Association, Development and Construction Law Steering Committee (2023-Present)

Experience

Jeff D. Bernarducci is a partner in the Construction & Public Contracts Practice Group. He offers a deep understanding of the construction industry through decades of experience in high-stakes, highly complex construction matters. Jeff’s practice includes strategic counseling, risk management, litigation, and transactional services for clients developing and building projects across numerous business sectors. Jeff often serves as external general counsel, bringing a keen insight into the lifecycle of complex deals and a unique perspective on risk management and dispute resolution.

Jeff is the past co-chair of the Boston Bar Association’s Construction Law Committee. Jeff has been recognized by Chambers USA, Super Lawyers, Boston Magazine’s Top Lawyer in Construction Litigation, and Best Lawyers in America®, including as Construction Lawyer of the Year – Boston.

Work Highlights

Litigation and Alternative Dispute Resolution

Having litigated decades of cases with risk profiles between $750,000 and $50 million, Jeff’s aptitude for understanding and leveraging complex matters into an organization’s enterprise risk-management strategy creates significant advantages for his clients. Jeff’s litigation experience includes disputes arising from energy production and transmission (including international disputes), mixed-use high rise, laboratory/biotech development, higher education institutional projects, federal projects, project finance, and surety workouts, among others.

Jeff’s technical aptitude and ability to navigate engineering and design issues also provides a significant advantage for his clients. He has successfully managed experts in cases involving structural, mechanical, geotechnical, metallurgical, and electrical issues; wind and solar technologies; building-envelope technologies; and transmission-utility system design, including electrical transmission, gas transmission, and sewer systems.

Representative litigation engagements include:

Managed litigation teams for engineering, procurement and construction (EPC) contractor in South American subcontractor arbitrations arising from a $6 billion oil refinery project

Representation of contractor on $40 million dispute arising from 345 kV transmission-reliability upgrades

Representation of renewable-energy developers on international claims in excess of $25 million against key equipment vendors

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 with upwards of $10M in dispute

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 and negotiated litigation matters involving general corporate disputes, defaults on promissory notes, employment matters, landlord/tenant and various railroad issues

Transactional Practice and Advisory Services

Jeff’s practice also includes robust transactional experience and risk-management advisory services. He has represented construction managers, project developers and other industry stakeholders in hundreds of deals arising from the energy, commercial, residential, institutional, laboratory, manufacturing and residential sectors. His structuring and negotiation experience includes all project-delivery systems including, without limitation, design-bid-build, design-build, EPC, and joint venture arrangements.

Jeff also has extensive experience providing strategy and risk-management counseling to client executives and project teams on project-side issues, investigations, and general corporate / organizational matters.

Representative transactional and risk-management engagements include:

Regular general counsel engagements with clients ranging from $200 million to $5 billion in revenue; such advisory matters include upstream and downstream payment risk issues, change management, project control, scheduling impacts, global settlement strategies, and positioning client executives for multiparty negotiations

Advised EPC contractor regarding the construction of a $6 billion oil refinery project in South America, including advice on project controls, change management, productivity, scheduling, payment disputes, insurance, and claim management

Advised solar developer through systemic plant failures, related claim strategies, and management of third-party investment risk up to $50M in exposure

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

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

Advise on the strategic implementation of Artificial Intelligence (AI) tools for negotiating construction contracts, preconstruction, and project management

Developing enterprise-wide and project-specific insurance strategies, corporate restructuring, and related due diligence

Assistance with surety underwriting and workouts, document retention strategies, collective bargaining agreements, employment matters and investigations (regulatory and grand jury)

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)

Conduct regular training sessions for clients on best practices for project management, contract negotiation, close-out resolutions and other matters

Expert in these Jurisdictions

Massachusetts

New Hampshire

Education

Awards