Senior Counsel - Litigation

BRIEF DESCRIPTION The Senior Counsel will report to the General Counsel and serve as a key member of BluSky's legal department. This is a litigation-focused generalist role with primary responsibility for managing a broad and active docket of disputes arising from BluSky's nationwide restoration and construction operations. The ideal candidate thrives in a fast-paced environment, is comfortable handling a high volume of matters across multiple jurisdictions and brings practical litigation experience in the types of disputes common to the disaster restoration and construction industries.   Day-to-day, this attorney will manage litigation and pre-litigation matters involving insurance recovery and payment disputes, collections, mechanic's lien enforcement and defense, bond claims, bankruptcy and creditor's rights proceedings, construction defect and workmanship claims, personal injury and property damage defense, and disputes with commercial property managers, residential homeowner associations, and multi-tenant property owners. The role also requires the ability to advise on and handle employment-related litigation matters as they arise   Salary Range: $150,000- $175,000   PRINCIPAL DUTIES & RESPONSIBILITIES: Insurance Recovery & Payment Disputes - Manage disputes with insurance carriers and third-party administrators over coverage, scope of work, billing, and payment for restoration services. - Draft demand letters, negotiate settlements, and escalate insurance recovery matters to litigation when necessary. - Advise project teams on documentation best practices to support insurance claims and protect BluSky's right to payment. - Coordinate with outside counsel on complex insurance coverage disputes and bad faith claims. Collections, Liens & Bond Claims - Manage BluSky's collections portfolio, including demand letters, payment negotiations, and escalation to litigation. - Prepare, file, and enforce mechanic's liens, stop-payment notices, and bond claims across multiple jurisdictions. - Defend against lien claims and bond actions brought by subcontractors, trade partners, and suppliers. - Monitor statutory deadlines and ensure timely preservation of lien and bond rights on active projects nationwide. - Handle disputes with commercial real estate management companies, multi-tenant property owners, and residential homeowner associations regarding outstanding receivables and payment obligations. Bankruptcy & Creditor's Rights - Represent BluSky's interests in bankruptcy proceedings involving property owners, general contractors, subcontractors, and other contracting parties. - File and manage proofs of claim, motions for relief from stay, and related bankruptcy filings. - Advise project teams and leadership on risk mitigation when contracting parties show signs of financial distress. Construction Defect & Workmanship Claims - Defend BluSky against claims alleging defective work, scope disputes, or failure to meet project specifications. - Manage all phases of defect litigation, including investigation, expert coordination, discovery, and resolution. - Work with operations and quality assurance teams to gather project documentation and assess liability exposure. Personal Injury & Property Damage Defense - Manage or oversee defense of personal injury and property damage claims arising from BluSky's restoration and construction operations. - Coordinate with insurance defense counsel and BluSky's risk management and safety teams on claim investigation and response. - Advise on indemnification, additional insured, and insurance tender strategies. Employment Litigation (Secondary) - Assist the General Counsel with employment-related disputes, including wrongful termination, discrimination, wage and hours, and other employment claims as they arise. - Coordinate with outside employment counsel and support internal HR investigations when needed. General Litigation Management & Legal Support - Develop and execute litigation strategies across all matter types in coordination with the General Counsel. - Draft and review pleadings, motions, discovery, and settlement agreements. - Handle or supervise mediations, arbitrations, and trial proceedings. - Review and negotiate construction contracts, subcontracts, and purchase orders with a litigation-informed perspective. - Manage relationships with outside counsel and legal vendors, including budgeting, case strategy, and performance oversight. - Advise operations, project management, and executive leadership on risk allocation, dispute avoidance, and litigation exposure. SUPERVISORY RESPONSIBILITY: This position does not have direct reports.   QUALIFICATIONS & REQUIREMENTS: Required - 5--10 years of litigation experience, with substantial exposure to construction law, insurance recovery, commercial litigation, collections, or creditor's rights. - Demonstrated experience managing mechanic's lien claims, bond claims, and collections matters across multiple jurisdictions. - Working knowledge of bankruptcy law and creditor's rights proceedings. - Experience with construction defect litigation, personal injury defense, or property damage claims. - Proven ability to manage a high-volume, multi-jurisdictional caseload independently with minimal supervision. - Excellent legal research, writing, and analytical skills. - Strong negotiation and oral advocacy abilities. - Comfortable working in a fast-paced, operationally driven environment with shifting priorities. Preferred - Prior in-house legal experience in the construction, restoration, or property services industry. - Experience litigating insurance coverage and payment disputes, particularly in the property damage or restoration context. - Familiarity with disputes involving commercial property management companies, multi-tenant properties, and homeowner associations. - Employment litigation experience (wrongful termination, discrimination, wage and hour matters). - Experience with AIA, ConsensusDocs, or other standard-form construction contracts. - Familiarity with OSHA, EPA, and environmental regulatory compliance in the restoration and construction context. - Comfortable working with legal technology platforms and case management systems. EDUCATION: - Juris Doctor (J.D.) from an accredited law school. - Must be licensed to practice law and hold active bar membership in good standing in at least one U.S. jurisdiction. Admission in multiple states or willingness to obtain additional admissions as needed is strongly preferred given BluSky's nationwide operations. WORK ENVIRONMENT & PHYSICAL JOB DEMANDS The work environment characteristics described here are representative of those employee encounters performing the essential functions of this job. This position plays a crucial role in supporting our operations that run 24 hours a day, 7 days a week. The nature of this role requires a high degree of flexibility, as it entails working various shifts that may include days, nights, weekends, and holidays. This flexibility is essential to ensure that we consistently meet the needs and expectations of our customers, regardless of the time or day. Employees must be prepared to adapt their schedules as necessary to maintain seamless operational continuity and high levels of customer service. The physical demands described here are representative of those that must be met by an employee to perform the essential functions of this job successfully. Reasonable accommodations may be made to enable individuals with disabilities to perform essential functions. The employee must occasionally lift and/or move up to 25 pounds. While performing the duties of this job, the employee is regularly required to sit; use hands and fingers, reach with hands and arms, talk and hear. The employee is required to regularly move and walk around the office.   TRAVEL: Ability to travel (including air travel) approximately 25% of the time.   COMPENSATION: BluSky offers a competitive base salary, a bonus plan for qualified positions, and a comprehensive benefits package that includes: a matching 401(k) plan, health insurance (medical, dental and vision), paid time off, equipment appropriate to the position (i.e.: laptop, smart phone, etc.), and corporate apparel allowance. BluSky also offers extended benefits such as: Hybrid Work, Employee Assistance Program, Accident & Critical Illness Coverage, Vendor discounts and more.   EEOC: BluSky is dedicated to the principles of equal employment opportunity. BluSky prohibits unlawful discrimination against applicants or employees on the basis of age 40 or over, race, sex, color, religion, national origin, disability, genetic information, sexual orientation, or any other applicable status protected by Federal, State, or local law. It is and will continue to be the policy of BluSky that all persons are entitled to equal employment opportunity based on their individual qualifications, performance, and potential without regard for any protected status, as required by state and federal law.