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Assistant General Counsel
Posted 13 Days Ago
Palm Beach Gardens, Florida

Summary

The Assistant General Counsel will support and assist the SVP of Legal Affairs & General Counsel, which shall include assisting the legal and risk management needs of Kolter Homes by providing legal guidance on claims, litigation, insurance, contracts, real estate, land acquisition, development, construction, sales, homeowners associations, legislation, and human resources matters, with a focus on claims and litigation management. The position will be located in Palm Beach Gardens, Florida.

Claims and Litigation Management

  • Draft, review, and respond to demand letters and pre-litigation correspondence.
  • Manage and oversee disputes, claims, and lawsuits, including supervising outside counsel and     serving as the primary liaison between outside counsel and company personnel on assigned claims.
  • Develop and implement strategies to ensure the cost-effective defense and resolution of claims.
  • Review, evaluate, and approve legal invoices to ensure accuracy, reasonableness, and compliance with company guidelines.
  • Coordinate with internal stakeholders to gather facts, documents, and information necessary to investigate and respond to claims.
  • Oversee litigation discovery obligations, including litigation holds, document collection, document review, and productions in pre-suit and active matters.
  • Manage insurance claims, including communications with insurance carriers and adjusters, assessment of coverage positions, and handling of coverage disputes, with a focus on maximizing Coverage and minimizing company defense costs.
  • Attend and participate in mediations, arbitrations, hearings, and trials as necessary.
  • Work with local teams on risk mitigation strategies, including providing guidance to company on proactive measures to mitigate scope of turnover claims.

 Contracts

  • Draft, review, revise, negotiate, and interpret a wide range of commercial, construction, professional services, and real estate-related agreements.
  • Develop, maintain, and regularly update the company’s contract form repository, including state-specific versions of core agreements such as:
  • Master Subcontractor Agreements
  • -Master Supplier Agreements
  • -Professional Services Agreements
  • -Land Acquisition Contract forms
  • -Land Development Contractor Agreements
  • -Interior Designer Agreements
  • -Amenities Construction Agreements
  • -Purchase and Sale Agreements and related addenda
  • -Property Management Agreements
  • -Non-Disclosure Agreements
  • -Recruitment Agreements
  • Periodically review and update other standard company contract forms, including master disclosures for all communities.
  • Prepare contract summaries, memoranda, and issue-spotting analyses for review by the supervising attorney and company management, including identification of key risks, obligations, and critical dates.

 Real Estate

  • Assist with the review, negotiation, and revision of land acquisition and land development documents as needed.
  • Draft, review, and negotiate real estate-related agreements and instruments, including easements, cost-sharing agreements, development agreements, and related documents.

 Homeowners Associations

  • Provide legal guidance and support regarding the creation, governance, control, and transition of community homeowners associations.
  • Serve as a legal resource for Declarant entities and internal stakeholders on HOA-related legal, regulatory, and compliance matters.

 Corporate

  • Assist with the formation, dissolution, and ongoing maintenance of corporate entities.
  • Draft and review corporate resolutions, governance documents, incumbency certificates, and related records.
  • Assist with the maintenance, protection, and updating of the company’s intellectual property.

 Human Resources

  • Create, maintain, and update employment-related forms and documentation to ensure compliance throughout the employee lifecycle.
  • Partner with the Human Resources department to draft and review offer letters, separation agreements, and other employment-related agreements.
  • Draft, review, and update company employment policies, procedures, and employee handbooks.
  • Advise on and ensure compliance with applicable employment laws, including FLSA and Department of Labor requirements. 

 Legislation and Compliance

  • Monitor, track, and analyze federal, state, and local legislation, regulations, and policy developments impacting real estate development, homebuilding, land use, zoning, environmental compliance, construction, and finance.
  • Review and assess relevant case law developments, administrative decisions, and regulatory guidance to identify potential legal, financial, and operational impacts on the company.
  • Prepare and distribute timely, practical summaries of legislative, regulatory, and case law developments to company leadership and internal stakeholders, including recommended actions and risk mitigation strategies. 

 Miscellaneous

  • Perform legal research and analysis as needed to support business and legal initiatives.
  • Collaborate with the SVP of Legal Affairs & General Counsel to develop, update, and streamline company policies, procedures, and legal processes.
  • Assist with other legal matters and special projects as assigned by the SVP of Legal Affairs & General Counsel.

SUPERVISORY RESONSIBILITIES: No supervisory responsibilities are required for this position

EDUCATION AND/OR EXPERIENCE:

  •          Bachelor’s Degree from a four-year college or university and must have a juris doctor from an accredited law school.
  •          Graduate in top 1/3 of class from an accredited law school.
  •          3-8 years of relevant legal experience in real estate, construction, and/or complex litigation.
  •          Prior in-house experience not required but given additional consideration.
  •          Actively licensed to practice law in at least one of the following states: Florida, Georgia, South Carolina, North Carolina, Texas, Alabama, or Tennessee.
  •          Ability to effectively communicate with company employees and third parties (including outside vendors, attorneys, and customers).