Deputy General Counsel (Procurement)

Ferrovial•Austin, TX

7d•Onsite

About The Position

Ferrovial Construction is hiring a Deputy General Counsel, Procurement based in Austin, Texas. The role provides senior legal leadership for the procurement and pursuit of complex transportation and infrastructure projects, particularly projects for state departments of transportation, other public agencies, and private-sector owners. It serves as a strategic business partner during the front end of project delivery, advising on procurement strategy, proposal development, joint venture and teaming structures, risk allocation, subcontracting approaches, and commercial negotiations from pursuit through contract award. The position works closely with business development, estimating, procurement, operations, and executive leadership to structure and negotiate joint venture agreements, teaming arrangements, major subcontracts, supplier agreements, professional services agreements, and other procurement-related documents. It applies a deep understanding of public procurement requirements and delivery models to align owner solicitation requirements, pursuit commitments, joint venture arrangements, and downstream procurement strategies.

Requirements

Demonstrated experience drafting and negotiating joint venture agreements, teaming agreements, governance arrangements, subcontracts, purchase agreements, design or professional services agreements, and other complex project procurement documents.
Strong understanding of public-contract flow-down requirements and construction risk allocation, including payment, schedule, changes, claims, indemnity, insurance, bonding, guarantees, warranties, audit, records, compliance, and dispute resolution.
Practical, responsive, detail-oriented, and able to independently manage multiple high-value procurements and competing deadlines.
Strong business judgment and negotiation skills, with the ability to translate complex owner and joint venture requirements into practical procurement guidance.
Preference for active membership in at least one U.S. state bar.
Preference for 15+ years of legal experience, including substantial procurement and contract experience in transportation, heavy civil, infrastructure, engineering, or similarly complex project-based businesses.

Nice To Haves

Familiarity with federal or state funding requirements, Buy America requirements, disadvantaged-business-enterprise commitments, prevailing-wage requirements, and public-procurement compliance.
Experience working with joint venture boards, management committees, project executives, procurement personnel, and cross-functional corporate teams.
Direct experience supporting state departments of transportation, other public agencies, and private-sector owners, and significant joint venture, consortium, or teaming-agreement experience.
Active membership in at least one U.S. state bar.
15+ years of legal experience, including substantial procurement and contract matters for transportation, heavy civil, infrastructure, engineering, or similarly complex project-based businesses.

Responsibilities

Serve as senior legal adviser to business development, estimating, procurement, and project leadership during pursuits and procurements; advise on commercial strategy, risk allocation, procurement structures, and contracting approaches; and communicate significant risks and recommendations to executive leadership.
Lead legal support for procurements involving state departments of transportation, other public agencies, and private-sector owners, including RFQs, RFPs, alternative delivery procurements, best-value competitions, predevelopment agreements, and related processes.
Advise on owner requirements, procurement restrictions, certifications, approvals, records obligations, audit rights, and project-specific procurement procedures.
Provide legal support throughout the pursuit lifecycle, including RFQs, RFPs, invitations to bid, bidder exceptions, clarifications, alternative technical concepts, procurement communications, proposal compliance reviews, risk assessments, award recommendations, and contract-award negotiations.
Structure, draft, review, and negotiate joint venture agreements, LLC agreements, teaming agreements, memoranda of understanding, governance arrangements, delegated authority provisions, deadlock mechanisms, funding commitments, guarantees, indemnities, defaults, exits, and dispute-resolution provisions.
Identify material commercial, contractual, and procurement risks arising from owner requirements, pursuit commitments, joint venture arrangements, and company standards; develop mitigation strategies and guide matters through project, joint venture, and corporate approval processes.
Analyze owner contracts, procurement documents, and pursuit commitments and translate applicable requirements into joint venture structures, procurement strategies, and downstream agreements.
Align schedule, payment, change, claims, audit, safety, quality, environmental, Buy America, disadvantaged-business-enterprise, prevailing-wage, insurance, bonding, warranty, indemnity, and dispute-resolution obligations across project arrangements.
Develop procurement strategies and lead preparation, review, and negotiation of major subcontracts, purchase agreements, supply agreements, professional-services agreements, equipment agreements, and other critical commercial arrangements for pursuits and preconstruction.
Advise on agreements with designers, engineers, consultants, and other professional service providers, including scope coordination, standard of care, professional liability, intellectual property rights, deliverables, licensing, reliance, and interface risk.
Support compliance with public-procurement laws, ethics and conflict-of-interest requirements, anti-bribery and anti-corruption laws, lobbying restrictions, sanctions, third-party diligence requirements, disadvantaged-business-enterprise commitments, prevailing-wage requirements, and applicable federal and state funding obligations.
Collaborate with Insurance, Surety, Finance, and project teams to evaluate and structure bonding requirements, parent guarantees, letters of credit, insurance programs, subcontractor default insurance, and other security arrangements.
Develop and maintain procurement templates, clause libraries, playbooks, approval tools, flow-down matrices, training materials, and best practices to improve procurement efficiency, consistency, speed, and risk management.
Support the transition from procurement to project execution by advising on notices, change management, payment provisions, schedule impacts, defaults, terminations, records preservation, and other contract-administration issues, focusing on early issue resolution and protection of contractual rights.
Support procurement-related disputes and investigations, including subcontractor, supplier, consultant, joint venture, bid protest, and public-contract matters; assist with strategy, document preservation, factual investigations, privilege considerations, and outside-counsel management.
Travel periodically to state departments of transportation, other public agencies, private-sector owners, and other locations as business needs require.