Construction Counsel

Job Title:                    Construction Counsel 

Location:                   Conyers, GA (hybrid work model; in-office three days a week)

Reports to:               Assistant General Counsel of EMCOR Construction Services

FLSA Status:             Full-Time / Exempt

Company Overview

EMCOR Construction Services (ECS) is part of EMCOR Group, Inc. (NYSE: EME), a Fortune 500® leader in mechanical and electrical construction, industrial and energy infrastructure, and building services for a diverse range of businesses. ECS is a nationwide group of 50+ operating companies with over 30,000 employees and annual revenues of $10.7 billion. Our operating companies are mechanical and commercial electrical contractors with expertise that includes virtually all U.S. commercial, healthcare, institutional, education, hospitality, manufacturing, transportation, and water and wastewater markets. We also have several operating companies that focus on commercial fire protection. They provide integrated life safety solutions, including fire detection and suppression systems, and the most advanced security technology available today. The ECS headquarters team provides key support for its electrical and mechanical companies, including finance and accounting, human resources, legal, national purchasing and information technology.

Position Overview

Reporting to the Assistant General Counsel of EMCOR Construction Services, Inc., the Construction Counsel will provide legal guidance on a wide range of construction-related matters, including contract review and negotiation, risk management, and compliance with federal, state, and local regulations. This role will also involve advising on construction claims, disputes, and project documents, as well as ensuring adherence to safety and labor laws.

Essential Duties And Responsibilities

Include the following. Other duties may be assigned.

• Prepare, revise, and negotiate construction contracts and related documentation.
• Partner with operating companies to advise on construction contracts, claims for contract extras, delay damages, impact damages, assessment of liquidated damages, and substantive law surrounding these issues. In addition, investigate and provide legal analysis and advise on construction claims, design errors and omissions claims, and recommend resolution strategies.
• Working with the General Counsel of EMCOR Construction Services, Inc., develop and implement “prevention” and “lessons-learned” policies and procedures for use by various construction operating companies.
• Guide business unit operating staff to increase knowledge in contract interpretation, contract management processes, and related issues. Develop and assist in delivering appropriate contract training programs based on operating company needs. Training forums may include one-on-one, in-classroom setting, Zoom/Teams virtual training, or part of a structured working session.
• In conjunction with others, including outside counsel, prepare commercial construction cases for negotiation/mediation and facilitate processes for arbitration and trials.
• Work with the General Counsel, EMCOR Risk Management, and EMCOR’s surety agents to ensure that project design and construction risks are adequately managed.
• Ensure compliance with applicable laws, codes, regulations, guidelines, and policies.
• Coordinate and integrate the legal work of other field lawyers, outside counsel, and contract managers supporting EMCOR subsidiaries.
• Assist in the performance of due diligence on potential acquisitions of new companies.
• Review and negotiate general corporate contracts, including non-disclosure agreements, teaming arrangements, letters of intent, and parent guarantees.

Position Requirements/Qualifications & Experience

• 1. D. from an accredited law school.
  2. degree in electrical, mechanical, or related construction/engineering disciplines preferred.
• 5+ years of experience practicing construction law, with a focus on construction contracts review and negotiation obtained at a leading law firm and/or in-house legal setting.
• Strong client service orientation, including strong skills in the ability to educate business leaders on construction law concepts and prevention of legal problems and issues.
• Strong negotiating, drafting, communicating, and influencing skills.
• Experience dealing with mechanic's lien laws, stop notices, bid protests, public contract law, prompt payment law, and payment and performance bonds.
• Familiarity with complementary labor and employment laws and regulatory bodies, including OSHA, Davis-Bacon Act, False Claims Act, and other state/federal contracting and funding requirements, as well as, contractor licensing requirements.
• Confidence and judgment necessary to act pragmatically while building effective work relationships.
• Ability and desire to function collaboratively while having the ability to take the lead when needed.
• Strong interpersonal skills and the ability to communicate easily with colleagues and internal clients, as well as contracting parties, outside counsel, and business managers.
• Interested and able to continue growing commercial construction legal knowledge, experience, and responsibility under the guidance of the Assistant General Counsel and other EMCOR personnel.
• Ability to travel periodically as needed.

Physical Demands

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is regularly required to talk and hear; and requires working at a computer (reading and keying) or extended periods of time.

This role requires communicating verbally and in writing one on one, in small groups, as well as presenting to larger groups of employees.

This position requires periodic travel as needed.

Work Environment

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The employee may expect to work in typical office environment.

As a leading provider of mechanical and electrical construction, facilities services, and energy infrastructure, we offer employees a competitive salary and benefits package and we are always looking for individuals with the talent and skills required to contribute to our continued growth and success.  Equal Opportunity Employer/Veterans/Disabled.