Sr. Director Construction Counsel

Senior Director Construction Counsel

Our team at Bloom Energy embraces the unprecedented opportunity to change the world and the way companies utilize energy. Our technology empowers businesses and communities to responsibly take charge of their energy. Our energy platform has three key value propositions: resiliency sustainability and predictability. We provide critical infrastructure that supports the evolving netzero and AIdriven energy ecosystem. Since our first commercial shipments in 2009 Bloom Energy has deployed tens of thousands of fuel cell modules to data centers hospitals manufacturing facilities biotechnology facilities major retail stores financial institutions telecom facilities utilities and other missioncritical customers.

As Senior Director Construction Counsel you will report to the Associate General Counsel Technology Transactions & Global Operations and serve as the primary legal advisor for our customer installations and Bloom Energy site construction projects. This role is a senior handson construction attorney position responsible for supporting large complex customer installations of Bloom Energy systems in the US and internationally in a growing dynamic environment. This role would also support other construction and facilities construction projects as our company continues to scale its manufacturing and operations. You will partner closely with our internal teams including customer installation commercial sales operations leadership project management engineering risk management insurance procurement safety and operations to enable project execution while managing legal commercial and risk considerations throughout the full construction lifecycle.

This position is ideal for an experienced construction attorney who thrives in a fastpaced technically sophisticated environment and who can combine deep construction law expertise with pragmatic business judgment. The role involves significant responsibility for structuring drafting negotiating and administering engineering and construction contracts. It also includes counseling internal clients on risk claims disputes tax credits construction licenses and regulatory compliance associated with complex infrastructure and energy projects.

This is a highly visible strategic role that offers the opportunity to shape how Bloom Energy executes customer installations while enabling the scaleup of clean energy infrastructure across the United States and internationally.

Responsibilities

Serve as the primary legal advisor to the Customer Installation Group on all constructionrelated legal matters from project development through closeout and warranty periods.

Structure draft review and negotiate a wide range of construction and installation agreements including EPC EPClite designbuild construction management subcontractor supplier services and commissioning agreements.

Draft customize and maintain standard construction contract forms and playbooks including familiarity with and adaptation of industrystandard forms such as AIA.

Advise on contract risk allocation including payment terms schedule and delay risk liquidated damages change orders PW&A issues force majeure insurance performance bonding warranties indemnities limitations of liability and termination rights.

Support construction projects on claims avoidance and resolution including change management notice requirements liens delay and disruption issues and predispute strategy.

Handle prelitigation disputes and work closely with litigation counsel on formal disputes mediations arbitrations or litigation when necessary.

Provide legal advice on construction regulatory and compliance matters including contractor licensing permitting interfaces safety obligations and coordination with environmental trade compliance and tax credit requirements impacting customer installations.

Partner with procurement and supply chain legal teams to align construction contracting with equipment supply logistics and installation sequencing.

Develop and implement process improvements for construction contracting workflows contract administration and risk tracking.

Provide training and practical guidance to nonlegal stakeholders (project managers engineers commercial teams) on construction contract fundamentals claim management and risk mitigation.

Support special projects as needed including legal operations technology implementation installation process improvements and updating templates.

Education and Experience

Juris Doctor (JD) from an accredited law school.

Active membership in good standing with at least one U.S. state bar (California preferred).

15 or more years of combined legal experience including significant experience practicing construction law with a mix of law firm and inhouse experience strongly preferred.

Demonstrated experience supporting large complex construction or infrastructure projects for commercial applications preferably in energy power industrial or technologyadjacent sectors.

Deep familiarity with construction contract structures and negotiation including EPC GC and designbuild models.

Expertise with construction industry contract forms and process.

Substantial experience advising on State county and city construction law and licensing issues including project risk allocation in a variety of states.

Proven ability to act as a trusted business partner to senior project operations and commercial leaders.

Strong drafting negotiation and communication skills with the ability to explain complex legal concepts in practical businessoriented terms.

Preferred Qualifications

Inhouse experience at an energy infrastructure or technology company.

Experience supporting multijurisdictional or nationwide construction programs.

Familiarity with public and private owner contracting environments.

Experience coordinating construction legal support with cross-functional teams including supply chain tax and regulatory compliance teams.

International construction contracting experience a plus.

In-office in San Jose or Delaware Site a plus.

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