Real Estate Health Care
Resume:
Peter C. Jensen
Saginaw, MI 49638
acv484@r.postjobfree.com
Overall Legal Background
For the past 20 years, I have represented the needs of business, large and small, in all aspects of their ventures. On an organizational basis, I have drafted partnership agreements, joint ventures, incorporation papers and by laws. I have served corporations on an in house basis (Duro Last Roofing) and drafted numerous contracts, sale representative agreements, non-compete agreements and warranties. I have drafted numerous lease agreements, and have drafted three condominium agreements (two residential and one business suite). I have represented large real estate developers such as Jacobs Visconti. I have served as arbitrator on numerous disputes involving construction matters and disputes between contractors. My knowledge of real estate includes land development issues, zoning, lease interpretations and drafting. In my role as general counsel to a mid-sized hospital, I drafted the management agreement and negotiated the terms of insurance for a $30 million dollar addition. I have litigated numerous matters under warranty provisions of building contracts litigated numerous issues involving lease agreements, e.g. default provisions, contract extensions, and terminations. All of these assignments require a strong knowledge of corporate structure, contract language, rules of interpretation.
My experience in labor relations requires knowledge of contract interpretation and construction. It has helped me hone my negotiation skills. I serve as a certified facilitator handling about 12 cases a year for federal court and various circuit courts. This experience requires not only knowledge of law but also a pragmatic skill to bring two or more opposing forces in line. For the past 20 years, I have litigated more than 40 jury trials involving warranty claims, lease agreements, breach of contract, corporate dissolution and valuation claims, and numerous matters impacting labor contracts. My writing skills are honed by the numerous business agreements I have drafted and some 30 briefs written for state and federal appellate courts. This track record has given me the confidence, polish and skills necessary to represent and negotiate interests on behalf of my client in any setting.
2013-Present
Maintain offices in Saginaw and Vassar working with small businesses drafting contracts, leases, handle zoning matters, real estate matters and serve as a trustee to several large trusts. I serve as a facilitator to the courts to resolve landlord/tenant matters, credit card debt issues, and local counsel to several land title companies preparing and reviewing title matters, leases, and deeds., Serves as facilitator in state and federal courts.
2009-2012 Lansing School District
General Counsel to the School District (the 6th largest in Michigan). Served as general counsel to the Board of Education providing updates on all changes in laws or cases which impact District, served as counsel to the School Superintendent in charge of all real estate issues, insurances, negotiated all new insurance policies, monitored all outside claims not handled by my office, served on school executive committee and long term planning initiatives.
ACHIEVEMENTS
1. Reduced backload of labor arbitrations from over 100 to 30.
2.Negotiated 6 labor contracts with 6 unions without need of mediator.
3.Restructured all third party contracts with the district providing better protection to the District.
4.Reviewed and revised numerous commercial contracts, personal employment contracts and designed a better in house method to monitor outside cases.
5.Served on board of directors for the general liability insurance company that maintained the District’s coverage.
2008-2009 Peter C. Jensen, PLLC
I served as a labor consultant in both public and private sector. In this period, I continued to represent as general counsel a mid-sized hospital and several manufacturers, but I started to focus my skills in labor and employment:
Worked with Personnel Administrators identifying issues that needed to be addressed.
Reviewed all work rules, handbooks and contracts to ensure compliance to such statutes as ADA, FMLA, FLSA, HIPAA to ensure compliance.
Negotiated 3 collective bargaining agreements in the health care industry.
Negotiated 6 collective bargaining agreements in the municipal sector
Negotiated 3 contracts in the trucking industry.
Arbitrated numerous cases.
Reviewed HIPAA complaint, Stark Regulation issues, patient abuse issues, health compliance matters.
Achievements:
1. In health care, I rewrote disciplinary rules to more readily mirror the penalties meted out by the state in the “self-reporting” process
2.Negotiated the withdrawal from the Teamsters Pension Fund and established a 401(k) in its place.
3.Negotiated between townships to provided shared projects to reduce costs.
2005-2007 Miller, Canfield, Paddock and Stone
Member of its Labor and Employment Section and Litigation Section.
Contract negotiation for Construction Industry involving reduction in salaries to right to subcontract out work formerly done by company.
Continued hospital negotiations to emphasize discipline and where the JACO questions quality care.
Police and Fire mandatory arbitration following an impasse.
Obtain “comparables” as required by statute, however, we interpreted “comparables” to mean economic, not demographic size or department size.
Achievements:
1. Lectures on health care changes under HSA rules, methods for co-pay in health care; non compete agreements, sales rep agreements and necessary provisions.
2.Lectures on retaliatory discharge under 42 USC 1983 and pitfalls
2002-2005 Managing Partner, Currie Kendall, PLC
1. Established construction management agreements for municipal projects an Event Center ($15 million) and new long term care facility ($30 million)
2.Provided seminars on changes in FMLA to businesses.
3.Real estate development projects including a 20 unit suite of offices and a site condominium development for residences
4.General counsel to HealthSource Saginaw responsible for all third party contracts, leases by physicians with the Hospital, ensure compliance with all state and federal laws
1981-2002 Managing Partner Jensen, Gilbert and Smith
Representation of numerous municipalities concerning real estate purchases, zoning issues, purchasing policies, served on Building Authority (a governmental entity that managed 40 buildings), representation of manufacturers, health care providers and governmental entities.
In House Counsel
1.Representation of governmental entities on all real estate matters, zoning issues, litigation, negotiation of third party contracts, independent contract agreements,
2. Incorporated and represented a mid-sized medical care/long term care facility, and handled all compliance issues, construction contracts, monitored all outside litigation and service contracts.
3.Incorporated and represented a 911 facility and set up all lease agreements, insurances, negotiated the contracts for the computer call center for the entity and handled all labor matters.
Accomplishments
1. Resolved a $4.5 million claim against a fund administrator involving investment recommendations to a pension fund.
2.Negotiated construction management agreements for municipal entities.
3.Authored over 20 briefs concerning business matters and labor issues in the Sixth Circuit Court of Appeals.
4.Served as a mediator to resolve a strike of public health nurses.
Education
BA University of Michigan, 1971
JD Drake University Law, 1974
Professional Licenses and Memberships
Member, United States Supreme Court 1977
Member, Michigan Supreme Court 1975
Member, Sixth Circuit 1977
Member, US Tax Court 2003
Member, State Bar of Michigan 1975
Publications:
The First Amendment and Employee Rights
Collective Bargaining after PA 201
Past Practice and Contract Language
The Social Network in Employment Settings
References
1. WH (Bill) Burch
Vice President Global Real Estate, Security & Procurement
acv484@r.postjobfree.com
2. Thomas J. Lawler
Senior Vice President
Duro Last Roofing, Inc.
3. Lynn Wolgast
President, Wolgast Development, LLC
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