General Counsel

Title of Job: General Counsel

Status: Exempt

Reports To: Executive Vice President/Chief Financial Officer

Summary of Position: The General Counsel is responsible for providing practical, business-focused legal advice and support to the Company and its affiliated entities, which operate in multiple states across the country. The General Counsel drafts, reviews and negotiates customer, subcontractor and vendor contracts, manages claims, disputes and outside counsel, oversees corporate governance, licensing and regulatory compliance, and partners with executive leadership and operations to manage legal risk while advancing business objectives.

Job Responsibilities/Essential Functions: (Other duties may be assigned)

• Draft, review and negotiate customer contracts, master service agreements, subcontracts, purchase orders, vendor agreements, non-disclosure agreements and other commercial agreements for all entities

• Develop and maintain standard contract templates, subcontract forms, terms and conditions and contract review and approval guidelines

• Identify and advise on contract risk, including indemnification, limitation of liability, insurance, bonding, payment terms, liquidated damages, warranty and termination provisions

• Advise operations, estimating and project management teams on change orders, delay and claim notices, back charges and contractual notice and documentation requirements

• Manage claims, disputes and litigation, including mechanic’s liens, payment bond claims, collections and construction defect matters

• Select, direct and manage outside counsel and legal spend

• Oversee corporate governance for the Company and its affiliated entities, including entity formation and maintenance, minutes and resolutions, annual reports and registrations to do business in multiple states

• Monitor and maintain contractor licensing, registration and qualification requirements in every jurisdiction where the Company operates

• Partner with Finance and Risk Management on insurance programs, certificates of insurance, surety bonds and the tendering of claims to carriers

• Partner with Human Resources on employment law matters, including policies, investigations, separations, restrictive covenants and agency charges

• Advise on regulatory compliance, including OSHA, prevailing wage, public procurement, data privacy and other applicable federal, state and local laws

• Support mergers, acquisitions, joint ventures and other corporate transactions, including due diligence and transaction documents

• Protect the Company’s intellectual property, confidential information and brand assets

• Develop and deliver training for managers and employees on contract management, compliance and legal risk

• Maintain contract and legal matter tracking systems and report on legal risk and matter status to executive leadership

• Develop and manage the legal department budget

• Miscellaneous duties as assigned

Required Knowledge, Skills, and Abilities: To perform this job successfully an individual must be able to excel at each duty outlined above and have the following knowledge, skills, ability and background. These requirements are representative, but not all-inclusive, of the knowledge, skill, and ability required to perform this job.

• Strong knowledge of contract, commercial, construction and corporate law

• Experience with industry-standard construction contract forms and with mechanic’s lien and payment bond laws

• Must be able to manage multiple priorities.

• Working knowledge of employment law and multi-state regulatory requirements

• Demonstrated experience supporting multiple entities and a multi-state operation

• Ability to translate legal issues into clear, practical business guidance

• Excellent negotiation, drafting and verbal communication skills

• Excellent problem solving skills, analytical competency and sound judgment

• Strong PC skills (Word, Excel, PowerPoint)

• Self-starter, highly organized and able to work well with individuals at all levels

• Able to work independently and as part of a team; work well under deadlines

• High degree of integrity and discretion in handling confidential information

Education:

• Juris Doctor (J.D.) from an ABA-accredited law school and a minimum of seven (7) years of legal experience, including at least three (3) years in-house or in a law firm practice serving construction, real estate or commercial clients

• Active license to practice law and member in good standing of at least one state bar; ability to obtain in-house counsel registration in the state where the position is based, if required

• Prior experience managing litigation and outside counsel

Minimum Qualifications:

• Must be able to pass a drug test

• Must be able to pass a background check

• Ability to travel to Company locations across the country as needed

Physical Demands: These physical demands are representative of the physical requirements necessary for an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the responsibilities of the job, the employee may be required to:

• Regularly sit, talk and hear

• The employee must occasionally lift and/or move up to 25 pounds

• The employee is required to use hands to type, handle or feel objects, tools and computer controls

• Specific vision abilities required by this job include close vision and distance vision

This is a list of the major responsibilities, duties, and physical demands required of this position and may not be all-inclusive. Nothing in this job description restricts the Company’s right to assign or reassign duties and responsibilities to this job at any time.