Director – Commercial Contracts and Negotiations

This is a fully remote position, open to applicants in United States.

📋 Description

• Act as the sole owner of all incoming contracts.

• Establish the company's commercial stance, present it to counterparties, negotiate, and finalize agreements.

• Safeguard and enhance margins through contract stipulations, including escalation, unpriced scope, mobilization, change orders, and claims.

• Incorporate favorable cash flow timings into agreements through mobilization and deposit payments, milestone billing, stored materials billing, retention reduction, payment terms, and pay application scheduling.

• Mitigate downside risk through schedule relief, executable change orders and claim procedures, escalation and force majeure protections, and robust scope exclusions.

• Limit liability and damages through mutual liability caps, waivers for consequential damages, liquidated damages caps, narrowed indemnities, and defined warranty periods.

• Develop and manage master service agreement and SLA templates for the service and maintenance sector.

• Exercise veto power over specified high-risk terms and escalate exceptions to the CEO.

• Own the commercial terms segment of bid/no-bid criteria and provide guidance to estimators and sellers.

• Engage in pursuit reviews prior to issuing letters of intent.

• Deliver quantified reports on margin, cash timing, and risk outcomes to the CEO on a monthly basis.

• Oversee and enhance the contract review workflow, SOP, project approval form, and delegation-of-authority process.

• Manage external legal counsel for litigation and specialized matters.

• Review the active portfolio, publish standard terms, and negotiate ongoing pursuits within the first 90 days.

⛳️ Requirements

• Minimum of seven years of experience negotiating construction subcontracts from either the trade contractor or general contractor perspective.

• Proficient knowledge of AIA and ConsensusDocs forms.

• Comprehensive understanding of flow-down provisions, pay-if-paid and pay-when-paid enforceability by state, lien and bond claim rights, retention, liquidated damages, indemnity, additional insured and waiver of subrogation, as well as surety and bonding obligations.

• Proven ability to achieve terms improvements from counterparties with greater leverage.

• Responsibility for a function from start to finish across a national scope.

• Sound judgment to advise on walking away from revenue when necessary.

• Capability to maintain efficiency and avoid contract turnaround delays.

• Experience with master service agreements and recurring service contracts featuring SLA structures is beneficial but not mandatory.

• Experience in data centers, utilities, transportation, or other critical infrastructure is advantageous but not essential.

• Familiarity with multi-entity environments and acquisition diligence is beneficial but not essential.

• Experience with public agency and federally funded work, including prevailing wage and bonded project requirements, is advantageous but not essential.

• A JD or paralegal certification is appreciated but not required.

• Must be willing to travel as necessary.

🏝️ Benefits

• Annual incentive aimed at 20 percent with potential for up to 30 percent.

• Comprehensive benefits package.

• 401(k) plan.

• Travel is necessary to build credibility with operating teams and customers.