POSITION SUMMARYMcCarthy Building Companies, Inc., ("McCarthy"), is currently searching for an Associate General Counsel to support its Southwest Region. This position will be located our Phoenix, AZ office and will assist and support the Region's various business units including commercial, education, and healthcare projects.
The Associate General Counsel - Southwest position is primarily responsible for providing legal advice and support for the Region's portfolio of construction projects, on all aspects of legal issues impacting those projects (with the exception of front-end transactional issues which are led by other attorneys). The Associate General Counsel - Southwest must be a strategic thinker who can provide solutions-oriented legal advice to a variety of business stakeholders while collaborating with other departments and outside attorneys. This position reports up through the Senior Vice President & General Counsel - Southwest, Renewables & Water.
RESPONSIBILITIES- Primary points of contact for regional leadership on all day-to-day legal issues, operational matters and claims.
- Focused on big picture strategy and implications of legal issues, proposes solutions and ideas for holistic resolution of repeat legal issues.
- Handles all large and complex matters, claims, litigation, mediation and arbitrations, and resolves issues independently but in partnership with others, while recognizing the global impact to McCarthy.
- Influences change by emphasizing and proposing strategic solutions to mitigate future risk.
- Provides clear practical legal advice and analysis based on applicable law, while considering the practical business implications to the national market and the company.
- Effectively communicates risks on claims and/or contracts and provides options and solutions for operations.
- Takes initiative and ownership of the legal issues for the Region, asking the right questions of the team and collaborating with various team members to ensure timely resolution.
- Anticipates legal matters and proactively engages and supports the broader legal team.
- Conducts detailed and complex trainings independently and/or in coordination with the Associate General Counsels or Vice Presidents Legal.
- Embodies our company and department values when representing the company and its stakeholders, fostering positive relationships internally and externally, and promoting a positive image within the legal and construction communities.
- Upholds the "I Legal" brand of the McCarthy Legal Department.
OPERATIONAL SPECIFIC DUTIES:
- Provide legal advice in all aspects of construction law (excluding front end transactions), as well as ancillary legal areas applicable to the Region, such as disputes related to contracts, delays, payments, construction defects, personal injuries, litigation, and insurance matters, among others.
- Assist the Region in disputes involving owners, designers, subcontractors and consultants.
- Provide strategic and targeted training on discrete legal issues.
- Manage all aspects of litigation and dispute resolution - manage outside counsel throughout the pre-litigation and litigation process, as well as document requests, discovery responses, witness preparation, review and edit motions, briefs and memoranda from outside counsel in conjunction with internal paralegal support.
- Prepare for and lead settlement negotiations and mediations.
- Primary point of contact for outside counsel on all matters.
- Maintain the Legal Status log, responsible for identifying, managing, tracking claims and potential claims for the Region and working collaboratively with Risk, Safety, Finance, Quality, Compliance, and Operations toward resolving issues and disputes.
- Take the lead on meeting with the VP Operations to facilitate alignment on strategy and provide updates on relevant matters.
- Manage subcontractor defaults; work with project teams to ensure that McCarthy's interests are properly protected by subcontractors' bonding companies; assist in managing litigation arising out of any breach of payment or performance bonds.
- Serve as lead attorney for all builder's risk, general liability, and practice policy insurance issues both pre-litigation and litigation mode.
- Assist project teams in understanding basic insurance coverage for construction defects, builder's risk, practice policy, auto, worker's compensation and property damage claims while partnering with the Risk Management Department.
- Serve as the primary attorney for all communications with various national, state, and local regulatory agencies, such as the Occupational Health and Safety Administration, Storm Water Regulatory Agencies, Air Quality Management Districts and Environmental Regulatory Agencies.
QUALIFICATIONS- Juris Doctorate from an ABA accredited law school
- Licensed to practice law in Arizona
- Minimum of 8 years of experience as an attorney
- Minimum of 5 years of litigation and claims management experience
- Experience with construction law and design and construction agreements; familiarity with design and construction of commercial, education and/or healthcare projects is a plus
- Experience with insurance and insurance claims as applicable to the construction industry.
- Ability to communicate with other members of the legal department articulately, concisely, and with well-reasoned opinions
- Ability to communicate complex legal concepts to non-attorney McCarthy team members in a concise, yet thorough, manner
- Excellent verbal and written communication skills
- Strong interpersonal, teamwork and diplomatic skills
- Honed business acumen and self awareness
- Functions as a true business partner providing strategic legal advice.
