About Us
Clarke Energy is an award-winning, multinational specialist in the engineering, installation, and maintenance of sustainable energy solutions for both front and behind-meter applications. Renowned for our high-quality schemes, we are committed to supporting the global net-zero transition.
Our culture is founded on integrity and high ethical standards. As the largest authorised distributor and service provider for INNIO’s hydrogen-ready reciprocating engines across 29 territories, we offer unparalleled expertise and support.
Our comprehensive solutions are strengthened by in-house design engineering, EPC (Engineering, Procurement, and Construction) project management, and market-leading 24/7 after-sales support, ensuring the reliability and efficiency of our projects.
Job Title: Legal Counsel
Reports to: Senior Legal Counsel
Function: Legal
Location: Knowsley
Job Purpose: To provide wide-ranging legal support to the group’s commercial function. The role will involve supporting the new power plants sales and proposals team, the projects delivery team and the service (operation and maintenance) team.
Role and Responsibilities:
Under the support and direction of the Senior Legal Counsel and Group Commercial Director, to be responsible for the negotiation of capital sales contracts for Clarke Energy’s business in the UK and Ireland with a view to ensuring that bids are submitted on a contractually sound basis and that final contracts accurately reflect the agreed commercial proposal. Contracts will often be based on a standard form of construction contract (Fidic / MF/1, NEC etc) with appropriate amendments to be negotiated. Examples of specific duties in connection with this include ensuring that:
- Limitations on liability are in line with market practice and properly protect the Clarke Energy business;
- indemnities are narrowly and appropriately drafted to adequately protect the Clarke Energy business;
- all liquidated damages provisions are properly drafted;
- any express defects liability provisions are clearly drafted and that, where possible, all implied rights are excluded;
- Clarke Energy’s liability for latent and/or serial defects is mitigated to the extent reasonably possible; and
- all customary contractor relief events are included and that payment and security clauses are appropriate.
- Under the support and direction of the Senior Legal Counsel and Commercial Manager to be responsible for co-ordinating and negotiating key sub-contracts for Clarke Energy’s business in the UK and Ireland to ensure that, where possible, all material terms offered to customers are effectively replicated to the underlying suppliers and key obligations are aligned with the main contract. Sub-contracts will be either in a bespoke form or based on a standard form of construction sub-contract.
Under the support and direction of the Senior Legal Counsel and Commercial Manager to be responsible for co-ordinating and negotiating key sub-contracts for Clarke Energy’s business in the UK and Ireland to ensure that, where possible, all material terms offered to customers are effectively replicated to the underlying suppliers and key obligations are aligned with the main contract. Sub-contracts will be either in a bespoke form or based on a standard form of construction sub-contract.
To support the Commercial Manager and the wider project delivery team to ensure that: (i) projects are being implemented and managed in accordance with the underlying requirements of the signed contracts; (ii) all relevant relief events and notices are properly served; and (iii) the project delivery team understand the obligations set out in the contract to ensure an efficient and expeditious contract delivery process.
To provide support and guidance on any contractual disputes which may arise and assist the Group Commercial Director and Senior Legal Counsel with the expeditious settlement of these matters.
Under the support and direction of the Senior Legal Counsel and UK Commercial Service Manager, to provide assistance in the negotiation of certain operation and maintenance and parts supply agreements to customers who have purchased generators / power plants from Clarke Energy. Specific duties in connection with this role include:
- Negotiating and approving any deviations from the Clarke Energy standard contracts in respect of limitations on liability, insurance obligations or indemnified matters;
- Assisting with any negotiation of availability and/or reliability guarantees;
- Ensuring that all defects liability obligations are properly drafted and that exclusions to such obligations are effective;
- Ensuring that changes of law and exceptional changes in base costs etc. are adequately addressed such that Clarke Energy has some form of mechanism to pass the effects of these on to customers; and
- Assisting with the review and negotiation of various supply chain contracts, particularly those from Clarke Energy’s key supplier, INNIO Jenbacher, in respect of gas generators and associated spare parts.
Negotiating and agreeing various ancillary legal agreements to include confidentiality agreements, collateral warranties, direct agreements and assignment and novation agreements.
Legal research to include keeping abreast of proposed legislative changes and helping implement policies and procedures across the group to ensure compliance with any new legislation.
Providing ad hoc guidance and support to colleagues on contractual matters and construction law, including training for new project managers and other employees as required.
Essential:
- An England and Wales qualified solicitor with at least 4 years’ non-contentious construction law experience..
- Working knowledge of various standard forms of construction contract including MF/1, FIDIC, NEC and JCT.
Desirable
- Experience of security documents including parent company guaranties, performance bonds, and advance payment bonds.
- Contentious construction law experience.
- Cross-border experience (this role may involve assisting Clarke Energy legal entities in other jurisdictions with their negotiation of capital contracts).
Personal Attributes:
This role requires the job holder to demonstrate that they have:
- excellent attention to detail and the ability to manage multiple work streams and priorities;
- good verbal and written communication skills;
- a willingness to work collaboratively and in particular as part of a global team; and
- the ability to work to tight deadlines.
In addition it is particularly important to the success of this role that the job holder can demonstrate the following:
- they are friendly and approachable yet robust in any advice given;
- they are highly organised; and
- they are receptive to learning new skills, both organically and through external training where required.