Scope of Position
Corporate transaction attorney with demonstrated expertise in drafting and negotiating engineering procurement and construction agreements, balance of plant and installation agreements, high voltage substation and transmission line construction agreements, solar module sale agreements, battery energy storage system supply agreements, tracker and inverter supply agreements, main power transformer agreements, storage and logistics agreements, software and license agreements, long term service agreements, turbine supply agreements, service and maintenance agreements, operation and maintenance agreements, and long lead equipment procurement agreements and the respective ancillary documents of the foregoing agreements (such as exhibits, amendments, change orders, corporate guaranties, bonds, and claims correspondence) for utility scale wind and solar photovoltaic electrical generation facilities and storage projects.
Responsibilities
- Lead negotiations, drafting, and critical review of engineering procurement and construction agreements (“EPC Agreements”), balance of plant and installation agreements (“BoP Agreements”), high voltage substation and transmission line construction agreements (“HV Agreements”), and BoP Agreements for installation of battery energy storage systems (“BESS BoP Agreements” and together with the EPC Agreements, BoP Agreements, and HV Agreement, the “Construction Agreements”);
- Lead the negotiations, drafting and critical review of 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”), and wind turbine supply agreements (“TSAs” and together with the MSAs, BESS Agreements, Tracker Agreements, Inverter Agreements, and MPT Agreements, the “Procurement Agreements”);
- Lead the negotiation, drafting and critical review of 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 and together with the LTSAs and SMAs, the “Service Agreements”);
- With respect to solar modules, trackers, inverters, wind turbines, and main power transformers (“Strategic Procurement”), lead the negotiation, drafting and critical review of storage and warehouse agreements for Strategic Procurement (“Warehouse Agreements”), transportation and logistics agreements for Strategic Procurement (“Transportation Agreements”), software and license agreements for Strategic Procurement (“License Agreements”), escrow and deposit material agreements with a third party escrow agent for Strategic Procurement (“Escrow Agreements” and together with the Warehouse Agreements, Transportation Agreements, and License Agreements, the “Ancillary Agreements”);
- Lead the negotiation, drafting and critical review of master framework agreements for Construction Agreements, Procurement Agreements, Service Agreements and Ancillary Agreements (collectively, the “Framework Agreements”)
- Support internal clients with the internal risk review and approvals process to execute Construction Agreements, Procurement Agreements, Service Agreements, Ancillary Agreements, and Framework Agreements. In addition, work with internal clients and other legal team members with the due diligence process for transactions related to tax equity and cash equity financing, purchase and sale agreements, build transfer agreements, and design, build and sell agreements
- Support the Pre-Construction group with review of bidders’ responses to the Company form of Construction Agreements during the request for quotes / request for bids process (“RFP Process”)
- Partner the Strategic Procurement group with review of bidders’ responses to the Company form of Procurement Agreements during the RFP Process
- Support internal clients with the review and negotiation of non-disclosure agreements, master services agreements, and master consulting agreements
- Create and update contract templates and form agreements
- Provide legal counsel, advice, and training to internal clients in the normal course of business
- Manage outside legal counsel engaged to represent the Company
- Assist and support other legal team members on an as-needed basis.
Qualifications
Education/Experience:
- Juris Doctorate from an ABA accredited law school.
- Admission to practice law and in good standing to practice law in at least one U.S. state.
- Preferably 4 – 6 years of legal experience negotiating and drafting Construction Agreements, Procurement Agreements, Service Agreements, Ancillary Agreements, and Framework Agreements.
- Legal experience in either a law firm or in-house corporate setting.
- Capable of managing numerous, challenging work assignments simultaneously (with attention to detail) under aggressive deadlines in a fast-paced environment, and willing to work extended hours when necessary.
- Strong oral and written communication skills, by openly communicating, actively listening, challenging ideas and processes, and setting reasonable expectations to achieve the best possible outcome. This includes the ability to effectively advise internal clients and senior management on complex legal matters.
- Excellent relationship-building skills. Team player with the ability to work well with colleagues and internal clients to foster creativity and leverage individual strengths. Respectful of colleagues, internal clients, external counsel, suppliers, contractors, and customers.
- Superior decision-making and problem-solving skills and demonstrated ability to exercise sound business judgment.
- Experience managing external counsel.
Pay Range: $126,600 – $211,000 Annually
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