Assistant Counsel -- Real Estate

Assist Chief Counsel and Deputy Chief Counsel in the management of legal issues involving real estate-related legal matters. Provide advice and counsel to NJSDA employees, including senior and executive management, regarding project-specific, program-wide administrative and regulatory matters and other legal issues. Effectively manage outside counsel to achieve positive outcomes and minimize the NJSDA's litigation risk. Address day-to-day NJSDA legal issues and inquiries from external parties. Essential Duties and Responsibilities 1. Provide legal advice on real estate related legal issues. 2. Perform legal review of all NJSDA grants to SDA Districts and Regular Operating Districts. 3. Serve as legal liaison in connection with the development and promulgation of NJSDA policies and Standard Operating Procedures. 4. Manage legal functions relating to the acquisition of real property under New Jersey Eminent Domain Act (N.J.S.A. 20:3-1 et seq.) for school facility projects in furtherance of the New Jersey Educational Facilities Construction and Financing Act (N.J.S.A. 18

A:

7G-1 et seq.), including negotiated land purchases arising therefrom. 5. Prepare/review contracts for purchase and all documents relating to closing of title, review reports of title and provide advice concerning the means of resolving title issues. 6. Coordinate and represent the NJSDA at real estate title closings. 7. Supervise outside counsel retained to perform condemnation proceedings in New Jersey Superior Court in accordance with the New Jersey Eminent Domain Act, coordinate litigation with outside counsel on assigned relocation, condemnation and environmental matters. 8. Facilitate solutions to legal issues involving real estate-related matters, including real property acquisition, disposition, management, relocation, temporary use, leases, swing space and easements through coordination of and among NJSDA staff, outside legal counsel and/or the Division of Law in the office of the Attorney General and other parties. 9. Coordinate with internal NJSDA staff responsible for construction, real property management and financial functions in support of outside counsel engaged on condemnation, property acquisition and disposition, relocation, title, litigation, environmental compliance, environmental cost recovery and other real estate-related matters. 10. Assist Property Management Division with respect to managing swing space leases, drafting occupancy agreements for the temporary use of NJSDA-owned real estate, and assistance with general property management and maintenance issues as necessary. 11. Assist Program Operations Teams in resolving property issues encountered in connection with school construction projects, including matters relating to encroachments, utility easements and connections, street vacations, green acres restrictions and compliance with NJ Department of Environmental Protection institutional control requirements. 12. Assist NJSDA management in the negotiation, drafting and analysis of documents related to the leasing of NJSDA administrative office space. 13. Negotiate draft and analyze contracts and other documents, assuring legal compliance as required. 14. Evaluate and advise senior management concerning potential or actual claims by NJSDA, and advise NJSDA concerning claims asserted against it. 15. Draft legal memoranda and memoranda to the NJSDA Board. 16. Keep current on legislative issues, statutes, decisions and ordinances affecting or of interest to NJSDA; provide legal review and comment regarding proposed legislation impacting the

NJSDA. 17.

Review and respond to efforts to lien NJSDA-owned real property, projects or contracts. 18. Assist with the drafting of new and revised NJSDA regulations. 19.

As needed and assigned:

a. Support the Division of Procurement by providing counsel and advice with respect to procurement matters and adherence to public bidding laws and regulations and by drafting procurement-related documents, including correspondence, requests for qualifications, requests for proposals and contract documents. b. Provide legal guidance with respect to Open Public Records Act (OPRA) requests. c. Negotiate, draft and implement contracts and other documents, and supervise and manage drafting functions when performed by outside counsel. d. Provide legal guidance and support to the Division of Risk Management and Vendor Services in connection with insurance and suretyship-related issues, vendor prequalification, facilitation of administrative proceedings challenging debarment and denial of contractor prequalification determinations, and coordination with the Division of Law, the State Police and other agencies. e. Provide advice and counsel to senior management and generate solutions to legal and management issues both internally and externally. f. Assist with cost recovery functions, including: identification of cost recovery opportunities; systematic collection of relevant documentation; meetings and communications with and collection of information from NJSDA staff and external parties; utilization of internal and external specialists; prioritization of projects; development of cost recovery strategies; coordination of technical assessments; performance of legal research; preparation of written determinations not to pursue and of written recommendations to advance cost recovery opportunities; assignment to and oversight of outside litigation counsel and expert consultants; coordination of discovery, including document production; drafting of legal documents; mediation and litigation management; and settlement negotiations. g. Assist with a contract claims review process that includes: receipt, acknowledgement and triage of claims; maintenance of a system to track claims and the progress of claims review; seeking of supplemental information and documentation from the claimant; collection of relevant documentation; meetings and communications with and collection of information from NJSDA staff and external parties; utilization of internal and external consultants; establishment and monitoring of a claims reserve; referral of claims review to and management of outside counsel, professional experts and/or outside claims consultants; coordination of discovery, including document production; oversight of the claims negotiation and mediation process; drafting of claims responses; preparation of written recommendations for settlement, Board memoranda and settlement agreements; and reporting to the Board on claims settlements. Required Skills and Abilities 1. Well versed in all aspects of legal issues pertaining to the voluntary real estate acquisition process including, title issues, New Jersey closing practices, settlement preparation, contract negotiations, and drafting of closing documentation. 2. Well versed in all aspects of legal issues pertaining to the acquisition of real property interests through the condemnation process of the Eminent Domain Act of 1971. 3. Thorough understanding of real estate practice and the contractual relationships that exist between parties to real estate purchase and sale contract and the obligations of each. 4. Excellent oral and written communication skills. 5. Excellent research, organizational and analytical skills. 6. Ability to organize and compose arguments to persuade and influence others. Required Education and Experience 1. Juris Doctor Degree required. Two (2) to five (5) years legal experience preferred. 2. Thorough knowledge of the Eminent Domain Act and condemnation practice in New Jersey and its case law required, trial experience preferred. 3. Knowledge of New Jersey Relocation Act (N.J.SA. 20:4-1 et seq.), Relocation Assistance Law (N.J.S.A. 52:31B-1 et seq.) and Regulations for Provision of Relocation Assistance (N.J.A.C. 5:11-1 et seq.). 4. Extensive experience in negotiating contracts of purchase and sale as well as familiarity with commercial real estate leases and leasing issues. 5. Knowledge of the Brownfields and Contaminated Site Remediation Act, . 58:10B-1 and brownfields redevelopment projects. 6. Litigation and ADR experience preferred. 7. Familiarity with environmental law preferred, including New Jersey Spill Compensation and Control Act (N.J.S.A. 58:10-23.11 et seq.); the Federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) which was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986 and experience with environmental litigation including cost recovery legal proceedings. Physical Demands Minimal Certificates and Licenses Required Licensed to practice law in the State of New Jersey Valid driver's license If you are applying under the NJ SAME Program, your supporting documents (Schedule A or B letter) must be submitted along with your resume by the closing date indicated above. For more information on the SAME Program, visit their Website at: https://nj.gov/csc/same/overview/index.shtml, email: SAME@csc.nj.gov, or call the NJ Civil Service Commission at (833) 691-0404. The NJ Schools Development Authority is an Equal Opportunity Employer and prohibits discrimination and harassment of any kind. All employment decisions at the NJ Schools Development Authority are based on business needs, job requirements and individual qualifications, without regard to race, color, religion or belief, national, social or ethnic origin, sex (including pregnancy), age, physical, mental or sensory disability, HIV Status, sexual orientation, gender identity and/or expression, marital, civil union or domestic partnership status, past or present military service, family medical history or genetic information, family or parental status, or any other status protected by the laws or regulations.

Job Type:

Full-time Pay:

$100,000.00 - $110,000.00 per year

Benefits:

Dental insurance Health insurance Paid time off

Education:

Doctorate (Required) Ability to

Commute:

Trenton, NJ 08608 (Required) Ability to

Relocate:

Trenton, NJ 08608: Relocate before starting work (Required)

Work Location:

In person