Offshore Legal Counsel (Ostend)
16/12/2020

Norther is an offshore windfarm – a total of 44 wind turbines – with a maximum capacity of 370 MW and which is situated partially in the Belgian territorial waters and partially in the Belgian Exclusive Economic Zone. Norther is producing green electricity since March 2019. This production supplies energy to an equivalent of about 400,000 households.

Norther’s shareholders are all parties which have the necessary expertise and experience in developing renewable energy projects. Norther is owned by three main shareholders: (i) Elicio: a renewable energy producer operating internationally; (ii) Eneco: a major producer and supplier of electricity, natural gas and heat; and (iii) Diamond Generating Europe: a wholly owned subsidiary of Mitsubishi Corporation.

In order to support Norther’s legal department, Norther is looking for a Legal Counsel. The person recruited will also be involved in the contract managementof the main contracts related to the Norther Offshore Windfarm (Balance of Plant contract; Turbine Supply Agreement; Service and Availability Agreement) and in the procurementof (long-term) Operation and Maintenance Agreements under EU tender rules.

As offshore legal counsel you will be involved in all legal matters of the company; in the contract management of the existing main contracts related to the windfarm, as well as in the procurement of its long-term operation and maintenance agreements.

Your main responsibilities will include:

• at first, the procurement of the long-term Operation and Maintenance (O&M) agreements for the windfarm. In this respect you will prepare all tender and contract documentation, you will manage the tender process and assist in negotiations, all this to come to contract agreements that protect all Norther’s interests. Therefor you will closely work together with Norther’s engineers and other technical people (such as Norther’s package managers). For specific issues related to public procurement (if any), you will be supported by specialised external lawyers.

• you will assist in the management of Norther’s existing main construction contracts (Balance of Plant Agreement and Turbine Supply Agreement), e.g. in respect of the contractor’s defects liability during the so-called Defects Notification Period. You will also assist in the management of the specific operations and maintenance contracts (Service and Availability Agreement and other long-term Operation and Maintenance Agreements to be procured).

• you will assist in assessing, drafting and negotiating other contracts related to the windfarm and/or the company.

• on the ad-hoc request of Norther’s different departments, you will render advise on a big variety of legal matters (e.g. on regulatory affairs, on social law, etc.).

• on the ad-hoc request of the CEO and CFO, you will render advice on specific legal questions related to the financing of the Norther offshore wind project and/or on the related finance documentation.

• on the ad-hoc request of the CEO and CFO, you will render advice on specific legal questions related to insurances and insurance claims.

• you will manage litigation files in concertation with Norther’s external lawyers.

• you will assist in the company’s corporate housekeeping and in the management of the shareholder’s agreement which is governing the relationship between the different shareholders.

• you will follow-up new legislation and recent case law in relation to (international) contract law, construction law, energy law, commercial and corporate law.

You will report to Norther’s General Counsel.

• Master of Laws.

• At least five years’ experience.

• Preferably experienced with public procurement, contract management (amongst others: FIDIC-contracts, LOGIC-contracts and/or BIMCO-contracts) and project finance within the (offshore) wind industry and/or other project financed (energy) projects.

• Native language Dutch or French, with a good knowledge of the other language; excellent knowledge of English (both oral and in writing).

• Excellent analytical, communication, negotiating and contract drafting skills.

• Able to work in an independent, dynamic, hand-on and proactive way, as well as able to prioritize matters, particularly in times of high workload and when under time pressure.

• Team player.

In addition to an attractive package (JC 326; including an eco-friendly company car, insurances and CEA90 bonus,…), the position offers intellectually exciting and challenging work in a dynamic company which, every day again, contributes to the Belgian and European climate targets.