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City of New York Deputy General Counsel - Engineering and Construction Claims in New York, New York

Job Description

The New York City Comptroller’s Office works to promote the financial health, integrity, and effectiveness of New York City government, in order to strengthen trust, secure a thriving future for all New Yorkers, and build a more just, equitable, and resilient city. Led by an independently elected citywide official, the comptroller’s office provides checks and balances needed to hold City government accountable for budgeting wisely, investing responsibly, operating efficiently, acting fairly, living up to its obligations and promises, and paying attention to the long-term challenges we face together.

The Comptroller’s Office of General Counsel leverages the expertise of its diverse team of attorneys to provide high quality legal advice, counsel, and support to the Comptroller and the Agency’s various bureaus. OGC facilitates and advances the Office’s strategic objectives in advising on the various legal and operational opportunities and risks, while ensuring compliance with the Agency’s Charter mandate, as well as local, state, and federal laws.

The Office of General Counsel (OGC) is responsible for handling all legal matters implicated in the work of the Comptroller the City’s independent and chief fiscal watchdog. OGC addresses myriad legal issues, including: compliance and risk management, litigation strategy, municipal finance and pension investment transactions and disclosures, agency audits, settlements of claims brought on behalf of and against the City, employee discipline, records access, public policy, and proposed federal, state, and local legislation. OGC works closely with all of the divisions within the Comptroller’s Office and with various City agencies.

The Bureau of Engineering (BOE) reports to the General Counsel and provides engineering assistance and serves as the Comptroller’s technical consultant on engineering and construction-related matters. BOE analyzes, recommends disposition on, and in concert with OGC, negotiates, settles and adjusts construction and construction-related contract claims and contract disputes in accordance with Section 93(i) of the New York City Charter and the alternative dispute resolution procedures mandated under Section 4-09 of the Procurement Policy Board (PPB) rules.

Under the supervision of the General Counsel and in collaboration with the Chief Engineer, with significant latitude for the exercise of independent judgment, the Deputy General Counsel will have legal and supervisory responsibilities that include, but are not limited to:

  • Supervising OGC attorneys handling complex construction claims and contract disputes, including breach of contract and other high-exposure and high-profile claims;

  • Advising and counseling BOE on a wide variety of legal matters, including contract interpretation and administration;

  • Investigating, evaluating, negotiating, monitoring, and approving settlement recommendations for various non-tort claims and lawsuits against the City of New York and its agencies and escalating issues to the General Counsel and/or Chief Engineer as appropriate;

  • Delegating within independent authority and with discretion, appropriate monetary settlement authority to OGC attorneys and Law Department attorneys;

  • Drafting memoranda recommending settlement outside of delegated authority;

  • Participating in and conducting complex settlement conferences and negotiations;

  • Performing legal research and drafting memoranda on critical issues affecting ongoing litigation, negotiations, and procurement and construction-related policy;

  • Overseeing the management of the construction related contract dispute resolution process, as provided for by PPB Rules, on behalf of the Office of the Comptroller, including attendance at and participation in dispute resolution settlement conferences and reviewing and approving Office of the Comptroller determination letters;

  • Drafting determinations for contract disputes, pursuant to the Comptroller's Office's role in the City's contract dispute resolution process;

  • Representing the Comptroller’s Office on engineering and construction-related matters and interacting with senior personnel from various City agencies, including the Law Department, as well as with private construction contractors, consultants, law firms, and the public; and,

  • Performing related assignments and special projects as required.

PREFERRED SKILLS/QUALIFICATION/REQUIREMENTS: Admission to the New York State Bar; and eight (8) or more years of full-time relevant legal experience subsequent to admission to any bar, eighteen months of which must be in the supervision of other attorneys or paralegal teams in an administrative, transactional, or other managerial or executive capacity, or performing highly complex and significant legal work, including in the nature of what is listed in the bulleted list of the above job description.

Incumbents must remain Members of the New York State Bar in good standing for the duration of their employment.

Qualifications

Admission to the New York State Bar; and four years of recent full-time responsible, relevant, satisfactory legal experience subsequent to admission to any bar, eighteen months of which must have been in the supervision of other attorneys, in an administrative, managerial or executive capacity, or performing highly complex and significant legal work.

Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

Additional Information

The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.

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