We can assist and advise you on a wide range of business law matters, whether you are a small local enterprise or a large multinational corporation. We have an extensive client base active in many industries, with a particular focus in marine, general business, and infrastructure development and construction.
If you do business in the marine industry, then chances are good that you will like what Bernard LLP can offer you. Our lawyers are active and knowledgeable participants in the industry. Our clients range from luxury yacht owners, local marinas and towing companies to large international export terminal operators and marine-specific government entities. We advise on a wide range of strategic, transactional, corporate, and contractual matters. We have direct experience and expertise in drafting, negotiating, and advising on a wide array of marine business matters, including:
- Vessel purchases, sales, and importations (both commercial and pleasure)
- Vessel construction, procurement, repairs and refittings
- Vessel mortgages, financings and other secured transactions
- Vessel charters (including bareboat, time and voyage)
- Towing and cargo contracts
- Terminal services agreements
- Terminal facilities development, construction and operations
- Marine leases and licenses (including water lots and Port Authority lands and waters)
- Marina operations
- Commercial fishing matters
- Indigenous community and business participation in commercial transactions and ventures
General Business Law
Businesses come in many shapes and sizes. The Bernard LLP business law group provides corporate and commercial legal services and advice to companies and entrepreneurs large and small, across many industry sectors, and for everything from day-to-day operations to long term strategic planning. Our experience includes:
- Organizational Structure and Financing: Corporations, limited liability, general and limited partnerships, trusts, joint venture and other strategic arrangements as well as the project, debt or equity financing required.
- Acquisitions and Related Transactions: Share and asset purchase and sale transactions, business succession and tax-efficient restructuring and reorganizations.
- Ownership Agreements: Shareholder, partnership, co-ownership and joint venture agreements.
- Corporate Governance: Shareholder disputes, board governance, and directors’ and officers’ liability.
- Contracts: Purchase and sale agreements, supply, distribution, licensing, leasing, services agreements, confidentiality and non-disclosure agreements, non-competition, management and consulting agreements.
- Employment: Executive and senior management agreements for compensation, retention and termination.
- Professional corporations: For practicing doctors, dentists, pharmacists, optometrists, architects, lawyers, and other professionals.
- Indigenous Participation: Impact Benefit Agreements, First Nation Joint Venture Agreements, and Indigenous business participation in commercial transactions.
Infrastructure Development and Construction
Major infrastructure projects are uniquely complex and difficult efforts. Whether you are a top-level developer, a general contractor, a lower-tier subcontractor or consultant, we can help you to successfully navigate to completion with our extensive experience in this area. Our lawyers have acted for developers, owners, construction companies, engineers, and consultants on a wide variety of projects with capital expenditures ranging from $40 million to more than $5 billion. We can advise on procurement and strategic considerations as well as contractual matters. Our experience includes:
- Types of Infrastructure: Marine export terminals (LNG, LPG, grain, other commodities), Light Rail Transit (LRT) and other commuter trains, roads, bridges, tunnels, and airports.
- Contract Models: Public-Private Partnerships (P3s), design-builds, design-build-finance, EPC, construction management at risk, as well as traditional construction.
- Phases of Project: Development, strategic analysis, engineering, procurement, construction and operation.
- Procurement: Compliance with procurement requirements, negotiations at preferred proponent stage, and Requests for Qualifications (RFQ) and Requests for Proposals (RFP).
- Bidding team arrangements: Teaming agreements, joint venture and partnership agreements, interface agreements, and parent-company guarantees.
- Major contracts: Project Agreements, drop-down construction contracts, design services agreements.