Senior Counsel - Procurement and Construction [Hybrid or Remote]

Overview

This role drafts and negotiates a wide range of engineering, procurement, and construction (EPC) and related agreements, along with procurement, service, and ancillary contract documents for utility-scale wind and solar photovoltaic electrical generation facilities and storage projects.

Responsibilities

• Lead negotiations, drafting, and critical review of Construction Agreements, including:
  • Engineering procurement and construction agreements (“EPC Agreements”)
  • Balance of plant and installation agreements (“BoP Agreements”)
  • Early work construction services agreements (“Early Work Agreements”)
  • High voltage substation and transmission line construction agreements (“HV Agreements”)
  • BoP Agreements for installation of battery energy storage systems (“BESS BoP Agreements”)
• Lead negotiations, drafting, and critical review of Procurement Agreements, including:
  • Solar module sale agreements (“MSAs”)
  • Battery energy storage system and supply agreements (“BESS Agreements”)
  • Tracker product supply agreements (“Tracker Agreements”)
  • Inverter product supply agreements (“Inverter Agreements”)
  • Main power transformer agreements (“MPT Agreements”)
  • High voltage breaker supply agreements (“Breaker Agreements”)
  • Wind turbine supply agreements (“TSAs”)
• Lead negotiations, drafting, and critical review of Service Agreements, including:
  • Long-term service agreements for the BESS Agreements (“LTSAs”)
  • Service and maintenance agreements for the TSAs (“SMAs”)
  • Operation and maintenance agreements for the generating assets (“O&M Agreements”)
• For “Strategic Procurement” (solar modules, trackers, inverters, wind turbines, main power transformers, and high voltage breakers), lead negotiations, drafting, and critical review of:
  • Storage and warehouse agreements (“Warehouse Agreements”)
  • Transportation and logistics agreements (“Transportation Agreements”)
  • Software and license agreements (“License Agreements”)
  • Escrow and deposit material agreements with a third-party escrow agent (“Escrow Agreements”)
• Lead negotiations, drafting, and critical review of master framework agreements for Construction Agreements, Procurement Agreements, Service Agreements, and Ancillary Agreements (collectively, “Framework Agreements”).
• Support internal clients by:
  • Interpreting laws and legislation applicable to renewable energy and incorporating required compliance language into Construction Agreements, Procurement Agreements, Service Agreements, Ancillary Agreements, and Framework Agreements
  • Supporting the internal risk review and approvals process to execute Construction Agreements, Procurement Agreements, Service Agreements, Ancillary Agreements, and Framework Agreements
  • Assisting with due diligence for transactions related to project debt financing, project equity financing, purchase and sale agreements, build transfer agreements, and design, build and sell agreements
• Provide expert and strategic legal advice to support construction and procurement teams, including:
  • Preparing Construction Agreements and Procurement Agreements (including flow-down terms from power purchase agreements, purchase and sale agreements, build transfer agreements, and design, build and sell agreements) for inclusion in the request for quotes / request for bids package (“RFP”)
  • Reviewing bidders’ responses to the RFP, including redlines to Construction Agreements and Procurement Agreements
  • Assisting with evaluating bidders’ responses during the RFP process
• Create and update contract templates and form agreements.
• Provide legal counsel and advice to internal clients in the normal course of business.
• Provide legal training to internal clients.
• Manage outside legal counsel engaged to represent the organization.
• Proactively recommend improvements to legal department processes to increase efficiency and mitigate legal risks.
• Other duties as assigned.

Requirements

Education and experience

• Typically, ten (10) years or more of law firm and/or in-house experience.
• Current bar license from one or more US or Canadian jurisdictions.
• JD or LLB from an accredited law school the US or Canada.
• Experience managing external counsel.
• Experience with a renewable energy company and/or renewable energy clients is preferred.

Skills and abilities

• Excellent commercial drafting and negotiation skills.
• Ability to manage numerous, challenging assignments simultaneously with attention to detail under aggressive deadlines in a fast-paced environment.
• Strong oral and written communication skills, including advising internal clients and senior management on complex legal matters.
• Strong relationship-building skills and the ability to work effectively with internal clients and colleagues.
• Superior decision-making and problem-solving skills with demonstrated ability to exercise sound business judgment.

Preferred Qualifications

• Experience with a renewable energy company and/or renewable energy clients.

Compensation & Benefits

• Canada salary: $144,700 - $241,100
• U.S. salary range: $154,800 - $258,100
• Competitive bonus incentives (eligible for the annual bonus program).
• Comprehensive health coverage (low-cost health & wellness coverage for employees and eligible dependents).
• 401k (USA) or RRSP/DPSP (Canada) with generous matching contribution.
• Favorable paid time off programs, including paid parental leave after one year of service.
• Learning and career development opportunities.
• Supportive mentorship and buddy programs.

Location & Work Mode

• Position can be based in a hybrid work location from the following:
  • Canada: Montreal, Quebec; Toronto, Ontario
  • USA: Bloomington, MN; Houston, TX; San Diego, CA
• Remote work may be considered for candidates residing outside regional office locations, provided they have the ability to work in the USA.

Working Conditions

• Approximately 85% of time spent in the office environment using computers (frequent use of various Microsoft software/programs), phones, and general office equipment.
• Domestic and international travel is required.
• Required to operate within the Legal Department’s budget.

Supervision

• No direct reports.

Physical Requirements

• Must be able to sit or stand at a computer for a reasonable length of time typing and reading.
• Regularly required to walk or stand.
• 100% of time is spent in the office environment utilizing computers (frequent use of various Microsoft software/programs), phones, and general office equipment.