SVP and Group Counsel EaaS

at Bernhard, LLC in Little Rock, Arkansas, United States

Job Description


SVP and Group Counsel – EaaS Development

Bernhard’s core mission is delivering innovative engineering, construction, and energy solutions that empower our clients and promote a sustainable future. Bernhard is comprised of four divisions: Mechanical, Electrical, Engineering and Development, each with a distinct identity and service offerings. The intersection of our capabilities enables Bernhard to provide turnkey Energy-as-a-Service (“EaaS”) solutions to our clients. At the same time, our divisions continue working in the market sectors and communities that the Company has traditionally served. Bernhard’s vision is to be the leading EaaS provider in North America through delivery of excellent, high-value service and innovative solutions for our clients.

Purpose and Essential Duties

Bernhard is seeking a SVP and Group Counsel EaaS Development (GC EaaS). The GC EaaS will report directly to the Chief Legal Officer, with functional reporting to the Chief Development Officer. The GC EaaS leads the legal team providing support to Bernhard on its EaaS solutions. The GC EaaS will be responsible ensuring the Development Legal team is providing best in class support to develop complex transaction documents, which may include any or all of the following: Energy Asset Concessions, Energy Savings Performance Contracts, Leases, Easements, Finance Documents, Design-Build Agreements, Power Purchasing Agreements, Maintenance and Operations Agreements, Labor Services Agreements, and all supporting technical exhibits. The GC EaaS will be a strategic partner to the Chief Development Officer and the entire Development team in negotiating and drafting all of the transaction and financing documents, as well as letters of intent, memorandums of understanding, term sheets and conditions, and statements of interest with respect to proposed transactions. Specific responsibilities include:

+ Leading team of attorneys in partnership with Development team to successfully manage EaaS transactions from first offer to closing;

+ Negotiating, drafting and optimizing all commercial agreements for EaaS transactions, including concession agreements, real property instruments, facilities maintenance agreements, and financing documents.

+ Drafting, reviewing and negotiating complex letters of intent, terms sheets, and memorandums of understanding as a precursor to transactional documents.

+ Identifying risks and proposing alternative structures to mitigate risks involved in EaaS transactions.

+ Collaborating with Development team to develop contract documents that will achieve desired customer outcomes while minimizing risks and maximizing legal rights for Bernhard.

+ Providing commercially sound legal advice on all matters impacting electrical and mechanical contractors and energy efficiency companies, including proactively staying abreast of legal and regulatory developments.

+ Working as a strategic partner with leaders throughout Bernhard’s divisions as part of support for development efforts.

+ Collaborating with Risk Management and the company’s insurance broker on appropriate insurance and bonding strategies to mitigate risk.

+ Closing EaaS transactions with clients.

+ Overseeing outside counsel engaged on EaaS projects.

+ Anticipating issues that may arise during negotiations based on prior development and execution outcomes.

+ Developing proactive solutions to eliminate or reduce risk based on changing market considerations.

+ Keeping executive leadership apprised of risk and mitigation strategies as transactions progress.

+ Partnering with CDO to prepare and present investment memo and risk analysis to Board of Directors.

+ Advising on and drafting legislative proposals relative to EaaS transactions.

+ Engaging with federal, state and local governments to move potential projects forward.

Core Competencies

+ Overall understanding of the EaaS business;

+ Comprehensive grasp of the legal landscape for EaaS transactions;

+ Experience with negotiating structured real estate transactions;

+ Experience and understanding of project finance;

+ Demonstrated ability to provide business-oriented legal advice and recommendations;

+ Excellent business judgment and appropriate decision-making ability;

+ Strong analytical and problem solving skills combined with attention to detail and thoroughness;

+ Excellent written and oral communication skills;

+ Ability to synthesize and discuss complex matters;

+ Adherence to ethical principles and strict compliance with confidentiality obligations;

+ Ability to work effectively with a diverse level of business personnel;

+ Strong grasp of complex financing strategies;

+ Strategic thinking; and

+ The ability to work both independently and as part of a team.

This position is Full-Time, Exempt, and has a matrixed reporting structure, with direct reporting to the Chief Legal Officer and functional reporting to the Chief Development Officer.

Required Education, Experience, and Qualifications

+ Juris Doctorate and Licensed Attorney;

+ 15+ years of experience in the legal field;

+ Specialized experience in P3 and/or EaaS transactions;

+ Experience working on complex contracts, procurement and transactional issues;

+ Experience with structured real estate financial transactions and/or complex owner financed design build agreements;

+ Experience with analyzing tax risk and mitigation strategies;

+ Demonstrated ability to work effectively, build relationships, and drive alignment around risk mitigation and acceptance;

+ Demonstrated excellence in written and verbal communication skills;

+ Exceptional planning and time management skills;

+ Ability to rapidly synthesize all inputs and provide timely responses to stakeholders throughout demanding workday;

+ Ability to effectively balance the needs of multiple stakeholders in the face of shifting deadlines;

+ Demonstrated ability in reviewing technical exhibits, preferably including financial and energy savings models; and

+ Solid understanding of business strategy, competitive market dynamics, and drivers for EaaS transactions.

Preferred Education, Experience, and Qualifications

+ In-house experience acting as a strategic partner to operations/development;

+ Experience with advising and drafting legislative proposals relative to P3/EaaS transactions; and

+ Experience in the verticals of higher education and/or health care.

Travel Requirements

+ 35% of the time will be spent traveling.

Physical/Work Environment Requirements

+ Prolonged periods of sitting at a desk and working on a computer.

+ Must be able to lift 15 pounds at times.

We are proud to be an Equal Opportunity Employer of Minorities, Women, Protected Veterans, and Individuals with Disabilities, and participate in the e-Verify program. All qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, age, sexual orientation, gender identity, national origin, veteran status, disability, or any other classification protected by law.

Equal Opportunity Employer/Protected Veterans/Individuals with Disabilities

The contractor will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or © consisten

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Job Posting: JC255114435

Posted On: Feb 10, 2024

Updated On: Apr 14, 2024

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