Sr. Director Construction Counsel

Senior Director, Construction Counsel

Bloom Energy is seeking an experienced construction attorney to serve as the primary legal advisor for customer installations and site construction projects. The role reports to the Associate General Counsel, Technology Transactions & Global Operations, and is based in San Jose, CA. This is a fully on‑site, five‑day‑a‑week position.

Responsibilities

• Advise the Customer Installation Group on all construction‑related legal matters from project development through close‑out and warranty periods.
• Structure, draft, review, and negotiate construction and installation agreements, including EPC, EPC‑lite, design‑build, construction management, subcontractor, supplier, services, and commissioning agreements.
• Develop and maintain standard construction contract forms and playbooks, including industry‑standard formats such as AIA.
• Provide counsel on contract risk allocation, 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 in claims avoidance and resolution, including change management, notice requirements, liens, delay and disruption issues, and pre‑dispute strategy.
• Handle pre‑litigation disputes and collaborate with litigation counsel on formal disputes, mediations, arbitrations, or litigation.
• Advise on construction regulatory and compliance matters such as contractor licensing, permitting, safety obligations, environmental, trade compliance, and tax credit requirements affecting customer installations.
• Work 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 on construction contract fundamentals, claim management, and risk mitigation.
• Support special projects, including legal operations technology implementation, installation process improvements, and template updates.

Qualifications

• Juris Doctor (JD) from an accredited law school.
• Active membership in good standing with at least one U.S. state bar (California preferred).
• 15+ years of combined legal experience, including significant experience practicing construction law with a mix of law firm and in‑house experience.
• 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.
• International construction contracting experience.
• In‑office in San Jose or Delaware site a plus.

Benefits

• Competitive medical, dental, and vision plans with large employer contribution.
• 401(k) retirement plan with company match.
• Generous mental health support services.
• Legal services and virtual physical therapy access.
• Fertility and family forming benefits.

Compensation

• Salary range: $207,500.00 – $298,500.00.

EEO Statement

Bloom Energy is an equal opportunity employer and makes employment decisions on the basis of merit. We are committed to compliance with all applicable laws providing equal employment opportunities. All qualified applicants will receive consideration for employment without regard to race, sex, color, religion, national origin, protected veteran status, or on the basis of disability. Bloom Energy makes reasonable accommodations, consistent with applicable laws, for the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, who can perform the essential job functions, unless undue hardship would result.