Senior Counsel - Procurement and Construction [Hybrid]

About Us:

EDF power solutions North America has been providing clean energy solutions throughout the U.S., Canada, and Mexico since 1987. We are a market-leading independent power producer and service provider, serving utilities, corporations, industries, communities, institutions, and investors with reliable, low-carbon energy solutions that help meet growing demand.

From developing and building scalable wind (onshore and offshore), solar, storage (battery and pumped storage hydro), smart EV charging, microgrids, green hydrogen, and transmission projects, to maximizing performance and profitability through skilled operations and maintenance and innovative asset optimization, our teams deliver expert solutions along the entire value chain—from origination to commercial operation.

Be a part of an innovative and collaborative team environment that fosters our goal of delivering renewable solutions to lead the transition to a sustainable energy future.

Benefits & Perks: 

EDF power solutions offers best-in-class employee benefits, including the following:

• Competitive bonus incentives. This position is eligible for our annual bonus program.
• Comprehensive health coverage. We provide low-cost health & wellness coverage for employees and their eligible dependents.
• Rewarding 401k. We provide a generous matching contribution.

We are also proud to offer:

• Favorable paid time off programs, including paid parental leave after one year of service.
• Rewarding learning & career development and advancement opportunities.
• Supportive mentorship & buddy programs.

Salary Range: The full pay range for this role is $154,800 - $258,100 annually . We generally base our salary decisions on factors including but not limited to, relevant work and leadership experience, education, demonstrated performance, internal equity, and in some cases, geographic location.

Scope of Job: This role drafts and negotiates engineering procurement and construction agreements, balance of plant and installation agreements, early work construction services 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, high voltage breaker supply 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.

• Leads negotiations, drafting, and critical review of the following: (i) 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”), and BoP Agreements for installation of battery energy storage systems (“BESS BoP Agreements” and together with the EPC Agreements, BoP Agreements, Early Work Agreements, and HV Agreement, the “Construction Agreements”);
• Leads negotiations, drafting and critical review of the following: (i) solar module sale agreements (“MSAs”), (ii) battery energy storage system and supply agreements (“BESS Agreements”), (iii) tracker product supply agreements (“Tracker Agreements”), (iv) inverter product supply agreements (“Inverter Agreements”), (v) main power transformer agreements (“MPT Agreements”), (vi) high voltage breaker supply agreements (“Breaker Agreements”) and (vii) wind turbine supply agreements (“TSAs” and together with the MSAs, BESS Agreements, Tracker Agreements, Inverter Agreements, MPT Agreements, and Breaker Agreements, the “Procurement Agreements”);
• Leads negotiations, drafting and critical review of the following: (i) long-term service agreements for the BESS Agreements (“LTSAs”), (ii) service and maintenance agreements for the TSAs (“SMAs”), and (iii) 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,  main power transformers, and high voltage breakers (“Strategic Procurement”), leads negotiations, drafting and critical review of the following: 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”), and (iv) 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”);
• Leads negotiations, drafting and critical review of master framework agreements for Construction Agreements, Procurement Agreements, Service Agreements and Ancillary Agreements (collectively, the “Framework Agreements”);
• Supports internal clients with interpreting laws and legislation applicable to renewable energy and incorporating the requisite compliance language into the Construction Agreements, Procurement Agreements, Service Agreements, Ancillary Agreements, and Framework Agreements.
• Supports internal clients with the internal risk review and approvals process to execute Construction Agreements, Procurement Agreements, Service Agreements, Ancillary Agreements, and Framework Agreements;
• Supports internal clients and other legal team members with the due diligence process for transactions related to project debt financing, project equity financing, purchase and sale agreements, build transfer agreements, and design, build and sell agreements;
• Delivers expert and strategic legal advice and supports the construction and procurement teams with the following: preparing Construction Agreements and Procurement Agreements (including flow downs terms from power purchase agreements, purchase and sale agreements, build transfer agreements, and design, build and sell agreement) to be included in the request for quotes / request for bids package (“RFP”), (ii) reviewing bidders’ responses to the RFP, including redlines to the Construction Agreements and Procurement Agreements, and (iii) assisting Company with evaluating bidders’ responses during the RFP process;
• Creates and update contract templates and form agreements;
• Provides legal counsel and advice to internal clients in the normal course of business;
• Provides legal training to internal clients;
• Manages outside legal counsel engaged to represent the Company.
• Proactively recommends improvements to legal department processes to increase efficiency and mitigate legal risks.
• Other duties as assigned

Supervision of Others: No direct reports

Working Conditions: 85% of time is spent in the office environment utilizing computers (frequent use of various Microsoft software/programs), phones, and general office equipment. Domestic and international travel is required.

Fiscal Responsibilities: Required to operate withing the Legal Department’s budget.

Education/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/Knowledge/Abilities:

• Excellent commercial drafting and negotiation skills.
• Ability to manage numerous, challenging work assignments simultaneously (with attention to detail) under aggressive deadlines in a fast-paced environment.
• 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.
• Superior decision-making and problem-solving skills and demonstrated ability to exercise sound business judgment.

Physical Requirements: Must be able to sit or stand at 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.