Sr. Director Construction Counsel

About the role

The Senior Director, Construction Counsel at Bloom Energy will report to the Associate General Counsel, Technology Transactions & Global Operations. This role is based in San Jose, CA and is a fully on-site, in-office position 5 days a week.

Responsibilities

• Serve as the primary legal advisor to the Customer Installation Group on all construction-related legal matters, from project development through close-out and warranty periods.
• Structure, draft, review, and negotiate a wide range of construction and installation agreements, including EPC, EPC-lite, design-build, construction management, subcontractor, supplier, services, and commissioning agreements.
• 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 pre-dispute strategy.
• Handle pre-litigation 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 non-legal 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.

Requirements

• 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 in-house experience strongly preferred.
• Demonstrated experience supporting large, complex construction or infrastructure projects for commercial applications, preferably in energy, power, industrial, or technology-adjacent sectors.
• Deep familiarity with construction contract structures and negotiation, including EPC, GC, and design-build 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, business-oriented terms.

Preferred Qualifications

• In-house experience at an energy, infrastructure, or technology company.
• Experience supporting multi-jurisdictional 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.