Senior Legal Counsel, Construction Law

Position Overview  Reporting to the Deputy City Solicitor, the Senior Legal Counsel, Construction Law provides legal representation and strategic advice to City departments and Council in relation to construction law matters, including the drafting, negotiation and interpretation of construction contracts, project delivery documents, and related procurement instruments, as assigned. Reviews, drafts, and negotiates standard and complex construction related agreements and all associated project documentation.

Provides legal advice and opinions on the interpretation and application of the Construction Act, including prompt payment, holdbacks, lien preservation and perfection requirements, trust obligations, and related statutory procedures. Provides strategic advice on construction related disputes, including delay claims, change order disputes, deficiencies, non payment issues, scope disputes, alleged breaches of contract and statutory compliance procedures. Manages all construction related dispute resolution processes, including (but not limited to) Construction Act adjudications, as well as mediation, arbitration, and litigation, including the preparation of witnesses, coordination of staff resources, legal research, preparation of documents, and instructs external counsel, where applicable.

Provides advice on bond claims and surety related matters, including performance bonds, labour and material payment bonds, defaults, claims processes and liases with sureties regarding the City’s rights, risks, and obligations. Provides legal advice and prepares reports, memoranda, and briefing materials for the Mayor, Members of Council, Committees, and senior leadership on construction project risks, contractual obligations, procurement issues, and dispute resolution strategies.

Monitors and interprets relevant changes to legislation, case law, industry standards, and procurement and project delivery trends impacting construction law and municipal capital projects. Participates in inter departmental and corporate projects involving major capital initiatives, infrastructure delivery, and construction risk management, as assigned. Works with staff to ensure the City’s construction related legal risks are minimized through appropriate contract drafting, procurement compliance, risk allocation, training, and project governance practices.
Responsibilities    Manage complex files with little or no supervision and see to their timely completion as the lead or only legal counsel;
Manage files of varying degrees of complexity, importance, and urgency;
Demonstrate significant expertise in their practice area such that they can advise clients with respect to the law in that area effectively and efficiently, including providing on-the-spot advice, as needed;
Demonstrate aptitude for clear, effective, and appropriate communication tailored to the appropriate audience;
Present legal advice and options effectively and clearly at Council and Committees;
Be persuasive and effective in oral and written advocacy, whether it be in leading negotiations, communicating the City’s position with other lawyers, and representing the City before courts or tribunals, as applicable;
Have the ability to understand the client’s intention by making the appropriate inquiries and using advanced skill, experience and knowledge;
Exercise mature judgment in assessing different legal strategies and providing pragmatic advice and options for the corporation, considering legal, business, and political interests/risks, and industry practices;
Participate in corporate wide initiatives and acts as a member of Steering or Working Committees;
Effectively supervise paralegals, law clerks, students, and other legal staff on file matters, or as their manager, as assigned;
Identify the need for, or participate in corporate-wide initiatives and projects, as appropriate;
Lead discussions at lawyers’ and staff meetings on key legal issues within the practice area; speak at conferences and represent the City in front of industry peers as appropriate;
Represent the department on interdepartmental working groups;
Identifies and undertakes strategic approaches to…