Description:

Job Description:
Primary Purpose:
Senior Counsel – Construction Claims & Project Execution will serve as the Owner's lead legal resource for managing contractor claims, change orders, and disputes arising from major construction projects. The role will work closely with Project Management, Project Controls, Engineering, Procurement, Commercial, Finance, and outside counsel.

The successful candidate will combine sophisticated construction-law experience with a practical understanding of major construction agreements including EPC project execution, major equipment supply agreements and will be responsible for protecting the Owner's contractual and commercial position from initial claim identification through negotiation and final resolution. This position requires an attorney who can operate autonomously and effectively at the intersection of law, project execution, project controls, and commercial strategy and who approaches claims proactively rather than simply managing disputes after they arise.

Responsibilities:
Key Responsibilities:

Lead legal evaluation and management of contractor and vendor claims for EPC, construction and other large equipment contract, change orders, requests for equitable adjustment, and disputes.
Assess contractual entitlement, notice compliance, causation, critical-path impact, compensability, concurrency, mitigation, and quantum.
Evaluate delay, disruption, acceleration, productivity, differing-site-condition, force majeure, escalation, and scope-change claims.
Work directly with Project Controls and scheduling experts to evaluate CPM schedules, critical-path impacts, schedule logic, float, concurrent delay, and requests for extensions of time.
Review claimed costs, including labor, equipment, subcontractor costs, extended general conditions, productivity losses, acceleration costs, escalation, overhead, and contractual markups.
Determine whether claimed work constitutes base scope, changed work, contractor means and methods, correction of defective work, contractor-caused impacts, or a compensable Owner-directed change.
Ensure compliance with contractual notice, change-management, documentation, approval, and time-bar requirements.
Draft and negotiate change orders, amendments, releases, waivers, settlements, and reservation-of-rights communications.
Develop strategies to identify and address potential claims before they mature into significant disputes.
Ensure project communications, directives, payments, and field decisions do not inadvertently create constructive changes, waive contractual requirements, or establish unintended entitlement.
Develop affirmative Owner claims, including liquidated damages, backcharges, defective-work claims, warranty claims, performance-guarantee claims, indemnification rights, and recovery of increased Owner costs.
Lead or support negotiations with EPC contractors, claims consultants, and counsel and manage outside construction counsel and technical experts as appropriate.
Provide senior management with concise assessments of material claims, including claimed amount, Owner exposure, contractual position, factual strengths and weaknesses, schedule implications, settlement strategy, and recommended action.
Train and advise project personnel regarding claims avoidance, contemporaneous documentation, privilege, contractual notices, and preservation of Owner rights.
Ensure material claims, change orders, settlements, waivers, and other contractual or commercial commitments are evaluated and advanced through appropriate Company approval and governance channels, including compliance with applicable Delegation of Authority (“DOA”) requirements and obtaining executive-level approval where required.
Identify and timely escalate material legal, commercial, financial, schedule, execution, and precedent risks to appropriate executive leadership, providing clear, decision-oriented advice regarding potential exposure, available alternatives, contractual leverage, and recommended mitigation measures.
Advise executive leadership regarding significant contractor claims and proposed resolutions in the context of the Company's overall risk profile, risk tolerance, project objectives, and commercial strategy, enabling informed decisions regarding acceptance, mitigation, transfer, negotiation, or escalation of risk.
Coordinate with Project, Commercial, Finance, and other stakeholders to ensure proposed resolutions are appropriately documented, supported by the project record, and approved at the appropriate organizational level before commitments are made on behalf of the Company.
Promote disciplined decision-making and accountability by ensuring that significant departures from contractual rights, established project positions, or approved commercial parameters are expressly identified, appropriately escalated, and authorized in accordance with the Company's DOA and governance requirements.

Qualifications:
Qualifications

J.D. from an accredited law school and active membership in at least one U.S. state bar.
At least ten years of construction/EPC legal experience, preferably involving major power, energy, infrastructure, industrial, or similar capital projects.
Significant experience representing owners, developers, utilities, or project sponsors in contractor claims and disputes.
Demonstrated experience with EPC change orders, delay and disruption claims, schedule analysis, requests for equitable adjustment, and construction damages.
Working knowledge of CPM scheduling, project controls, cost reporting, and construction claims methodology.
Experience negotiating with major EPC contractors and managing construction counsel, scheduling experts, and damages consultants.
Experience with large lump-sum or lump-sum-turnkey EPC projects strongly preferred.

Certifications and Licenses

Must be licensed to practice law in at least one U.S. state.
Must possess and maintain a valid driver's license and a driving record satisfactory to the company and its insurers (for travel).

Preferred Qualifications:

In-house experience managing construction claims.
Experience in an operations-heavy, project-based, industrial, construction, energy, infrastructure, manufacturing, logistics, engineering, or similar business environment.
Background in litigation, safety, environmental issues, contractor disputes, or project claims.
Experience with union contractors and federal obligations around Prevailing Wage and Apprenticeship requirements.
Prior law firm experience in litigation, employment, regulatory, compliance, investigations, or construction disputes.
Experience reporting to or supporting senior leadership, project lenders, insurers, compliance committees, audit committees, special committees, or boards.
Experience managing outside counsel budgets, legal spend, matter reporting, and litigation reserves.
Strong legal judgment and risk assessment.
Litigation and claims strategy.
External counsel management.
Sound analytical skills.
Ability to balance legal risk with operational and business realities.
High integrity and discretion.
Clear, concise, and practical communication.
Executive presence and credibility with senior leaders.
Cross-functional collaboration.
Strong project and matter management.
Ability to manage multiple urgent, confidential, and high-risk matters simultaneously.