Clayco - Legal - Senior Associate Counsel - Disputes

About Us

Clayco is a full-service, turnkey real estate development, master planning, architecture, engineering, and construction firm that safely delivers clients across North America the highest quality solutions on time, on budget, and above and beyond expectations. With $7.6 billion in revenue for 2024, Clayco specializes in the "art and science of building," providing fast track, efficient solutions for industrial, commercial, institutional, and residential related building projects.

We are seeking an Illinois or Missouri bar admitted Senior Associate with, ideally, 6 years or more of construction contracts and/or construction litigation experience, including breach of contract, bonding, risk mitigation and lien law issues. Any experience drafting and negotiating design and construction agreements for complex development projects for owners and contractors is a plus. This is a great in‑house opportunity to work closely with the General Counsel and assist with sophisticated real estate and construction projects across the country.

Experience with real estate construction prime contracts; subcontracts, AIA, Consensus, DBIA Forms, subcontracts, sufficient to assist with project related challenges or disputes through project close‑out, including assisting with disputed change orders and delay claims as needed. Familiarity with AIA contract forms, design‑build and other construction industry standard contract terms required. General commercial business transactions experience a plus, including leases, purchase orders, lien waivers and releases.

Professional collaborative aptitude and ability to assist with all matters related to legal team support for design/construction firm operations. The ideal candidate for this position is a team player with a business‑oriented mindset, willing to learn Company processes and protocols, work with executive teams, with a strong work ethic, exceptional problem‑solving skills and comfortable working in a fast‑paced and dynamic workplace.

• Reviewing, analyzing and assisting with resolution of challenges and/or disputes on active construction and design projects working with General Counsel or Chief Operating Officer and project executives to achieve timely and efficient resolutions.
• Assisting with Project change orders, contract modifications, construction change order or delay claim disputes, as needed.
• Assist General Counsel and project teams with responses to contract‑related claims (claims for delay, substantial completion claims; and related disputes, including management of documentation related to mediation, arbitration and/or litigation).
• Familiarity with construction, material supplier subcontracts, AIA standard form contracts, purchase orders, and related terms and conditions.
• Reviewing, negotiating and advising business teams on commercial contracts, including:
  Subcontract and material supplier contracts terms and conditions, vendor and service contracts terms and conditions, credit application terms and conditions, confidentiality and non‑disclosure agreements, professional service agreements, maintenance contracts and leases.
• As needed, negotiating construction or design‑build contracts in accordance with Company specified risk parameters; assisting with client negotiations as needed to finalize and implement contracts, including providing contract guidance to project teams.
• As needed, review of requests for proposal (RFP’s) and bidding requirements and assistance with the preparation and submission of RFP responses, including mark‑up of proposed RFP contract forms and related bidding documents.
• Oversee review and/or preparation of lien waivers and related affidavits.
• Oversee responses to third‑party subpoena’s and litigation discovery requests, including research, review and preparation of responsive documents.
• Reviewing, research, and responding to claims of lien against project sites/real estate by third‑party subcontractors or material suppliers.
• Maintain and update legal and other databases with current information on status of pending matters; review and preparation of litigation status reports.