M&A Counsel Jobs (NOW HIRING)

ABOUT BIRCH CREEK ENERGY

Birch Creek Energy is a rapidly growing utility-scale solar development company focused on mid-market projects across multiple RTOs. Recently recapitalized and ranked #3 on Inc. 5000's list of Fastest Growing Companies (2023), the Company is actively building its independent power producer (IPP) platform and executing meaningful project M&A. With a team of approximately 60 professionals, Birch Creek seeks self-starters who share its commitment to accelerating solar development across the United States.

THE OPPORTUNITY

Birch Creek is seeking a Corporate Counsel with 35 years of experience to support the Company's general corporate matters and the drafting, review, and negotiation of construction and operations-related agreements for its utility-scale solar development platform. This is an excellent opportunity for a junior-to-mid-level attorney to develop deep subject-matter expertise in renewable energy construction, O&M, and asset management contracting while supporting general corporate and commercial work early on, including transactional support, NDAs, master service agreements, and other ordinary-course contracts, with a growing focus on O&M and asset management contracting as the Company scales in a fast-paced, high-growth environment. This position reports to the Senior EPC Counsel and works closely with the development, EPC, O&M, and finance teams, alongside the rest of the in-house legal team and supporting legal resources.

Birch Creek is headquartered in St. Louis, with an additional office location in Los Angeles. The ability to work from our STL or LA office is a plus factor, but remote-work candidates are also welcomed.

KEY RESPONSIBILITIES

EPC & O&M Contracting

• Draft, review, and negotiate Master Subcontracts, Master Supply Agreements, Operations & Maintenance (O&M) Agreements, Asset Management Agreements (AMAs), Service Agreements, Purchase Orders, Change Orders, and Work Orders in support of EPC and O&M activities across the Company's project portfolio
• Coordinate change order and work order processes to ensure consistency with underlying master agreements and proper documentation of scope, schedule, and cost adjustments
• Assist in resolving contract performance issues, including warranty claims, delay claims, and disputes with contractors, subcontractors, and suppliers
• Track and manage key contractual obligations, deadlines, and milestones across a portfolio of active construction contracts

General Corporate Matters

• Assist with drafting and negotiating a variety of commercial agreements, including NDAs, consulting agreements, vendor agreements, and other ordinary-course contracts
• Help coordinate and manage outside counsel on discrete corporate and commercial matters, ensuring quality, cost-efficiency, and timeliness

Cross-Functional & Strategic Support

• Serve as a responsive, business-minded legal resource to the EPC, O&M, finance, and development teams
• Clearly communicate contractual risk and practical implications to non-legal stakeholders in the context of overall project economics and timelines
• Adapt to new tasks and responsibilities as the business grows

QUALIFICATIONS & EXPERIENCE

Required

• 35 years of relevant transactional legal experience, ideally including drafting and negotiating construction, supply, or subcontract agreements
• Demonstrated, hands-on experience with O&M and asset management contracting, including O&M agreements, asset management agreements (AMAs), and related service agreements for operating renewable or infrastructure assets
• Strong contract drafting and negotiation skills, with the ability to manage multiple agreements and workstreams simultaneously
• Experience supporting general corporate matters such as commercial contracting and transactional support
• J.D. from a U.S. ABA-accredited law school; licensed and in good standing in the jurisdiction where the candidate will be based

Preferred

• Direct experience in the renewable energy, infrastructure, or construction industries (solar, wind, battery storage, or comparable large-footprint development)
• Familiarity with project finance concepts relevant to construction contracts, such as lender consents, step-in rights, and performance security
• Prior in-house experience supporting a development, construction, or procurement team

SKILLS & ATTRIBUTES

• Strong drafting, negotiation, and communication skills with meticulous attention to detail
• Sound risk-identification and issue-spotting instincts, with the ability to communicate risk clearly to non-legal stakeholders
• Highly organized and able to manage competing deadlines across a high volume of contracts in a fast-paced environment
• Commercial mindset, balancing legal rigor with the pragmatic needs of a growing development company
• Curious, proactive, and solutions-oriented; eager to build deep subject-matter expertise
• Collaborative team player with strong interpersonal skills and a sense of humor
• Demonstrated ability to work independently and take full ownership of assigned workstreams, exercising sound judgment on when to escalate versus resolve issues directly

COMPENSATION & BENEFITS

Birch Creek Energy offers a competitive compensation package including base salary and bonus commensurate with experience and performance. Comprehensive benefits include health, dental, and vision coverage, 401(k) with company match, and generous PTO. This role offers meaningful visibility and direct impact within a lean, high-growth organization. Occasional travel may be required for site visits and counterparty meetings.