In-House Counsel - Secured Collections & Construction
Job Type
Full-time
Description

NCS Credit is the leader in providing credit professionals throughout the U.S. and Canada with proactive solutions to secure receivables, minimize credit risk, and improve profitability. We provide superior service and customized solutions to meet the needs of our clients and an engaging and collaborative work environment focused on growth for our employees. We are a TEN-year Top Workplace award winner! Watch our "Join the Team" video https://youtu.be/HqKnRsk5mzQ and be part of the #1 Notice/Lien Service in the country! 


Job Summary: This position serves as NCS Credit’s internal legal resource for attorney collection and enforcement matters involving mechanic’s liens, payment bond claims, and other construction-related payment rights. The attorney provides legal strategy and oversight after secured claims have been prepared, served, or filed by the appropriate NCS Credit service team, with particular emphasis on lien foreclosure, bond-claim enforcement, construction payment litigation, negotiated resolution, and preservation of enforcement rights. This role supports litigation paralegals, collaborates closely with NCS Credit’s Notice & Mechanic’s Lien professionals, manages outside construction and creditors’ rights counsel, and advises clients on enforceability, deadlines, leverage, risk, cost, and expected outcomes.


Essential Responsibilities: 

  •  Provide strategic legal guidance to litigation paralegals and internal teams managing secured construction collection matters after mechanic’s liens or bond claims have been served or filed.
  • Evaluate filed mechanic’s liens and payment bond claims for enforceability, litigation posture, statutory compliance, foreclosure or suit deadlines, priority considerations, defenses, and recovery strategy.
  • Review project and claim documentation, including contracts, subcontracts, purchase orders, invoices, notices, lien filings, bond claims, payment bonds, project records, correspondence, and payment histories.
  • Develop and oversee strategies for mechanic’s lien foreclosure, payment bond litigation, construction payment disputes, negotiated resolution, claim reduction, release, and other enforcement activity.
  • Analyze public- and private-project remedies, claimant status, contracting tier, project type, timeliness, service requirements, amounts claimed, statutory prerequisites, and other issues that may affect secured rights.
  • Monitor and protect time-sensitive foreclosure, bond-suit, and related enforcement deadlines, and ensure outside counsel and internal teams act within applicable requirements.
  • Evaluate challenges to lien or bond claims, counterclaims, offsets, contractual defenses, payment disputes, and settlement proposals and provide practical recommendations and risk analysis.
  • Oversee, cultivate, and expand NCS’s nationwide network of construction-law and creditors’ rights attorneys by identifying coverage gaps, recruiting qualified firms, establishing expectations, and monitoring matter progress and deadlines.
  • Monitor outside counsel performance, responsiveness, reporting, strategy, results, and compliance with NCS Credit's standards and client service expectations; address performance concerns promptly.
  • Review outside counsel invoices for accuracy, reasonableness, and compliance with applicable billing guidelines and client requirements.
  • Participate in client calls and explain secured-claim leverage, enforcement options, costs, risks, deadlines, settlement considerations, and likely outcomes in clear business terms.
  • Collaborate with NCS Notice & Mechanic’s Lien professionals on escalated legal questions while maintaining the operational distinction between claim preparation/filing and post-filing legal enforcement.
  • Provide guidance on bankruptcy issues affecting secured construction claims, including the automatic stay, secured status, lien priority, proofs of claim, and the effect of bankruptcy on enforcement strategy.
  • Coach and train litigation paralegals and other internal staff on lien and bond enforcement procedures, documentation standards, litigation handoffs, and construction-credit best practices.
  • Stay current on statutes, case law, court rules, and legal developments involving mechanic’s liens, payment bonds, construction payment disputes, creditors’ rights, and bankruptcy across jurisdictions served by NCS.
  • Identify legal and operational risks, recommend process improvements, promote ethical and compliant legal practices.
  • Other duties as assigned
Requirements

Competencies:

  • Strong ability to analyze mechanic’s lien and payment bond rights, statutory prerequisites, enforcement deadlines, and claim defenses.
  • Exceptional attention to jurisdiction-specific requirements, procedural timing, documentation, and risk created by missed deadlines.
  • Ability to assess enforceability, priority, defenses, litigation economics, settlement posture, and practical recovery options.
  • Strong negotiation, persuasion, and relationship-management skills with clients, opposing counsel, sureties, contractors, and outside attorneys.
  • Ability to translate complex construction and creditors’ rights law into clear, business-focused guidance and actionable recommendations.
  • Ability to establish expectations, drive accountability, and maintain productive relationships across a nationwide network of construction and creditors’ rights counsel.
  • Excellent written and verbal communication skills, including confidence explaining complex statutory issues to non-legal audiences.
  • Strong problem-solving, critical-thinking, conflict-management, discretion, composure, and sound judgment under pressure.
  • Strong understanding of state mechanic's lien statutes, payment bond requirements, enforcement deadlines, and construction-related documentation.
  • Working knowledge of bankruptcy issues impacting secured creditors and lien rights preferred.

Education, experience, certifications

  • Juris Doctor (J.D.) degree from an accredited law school
  • Five (5) or more years of experience in construction law, creditors' rights, secured commercial collections, commercial litigation, or a related practice area preferred.
  • Active license to practice law in Ohio and/or another U.S. jurisdiction, in good standing.
  • Eligibility and willingness to obtain additional state or federal court admissions as business needs require.
  • Multi-state bar admission is a plus.
  • Direct experience with mechanic's lien and payment bond claims required.
  • Experience handling or supervising lien foreclosures, bond claims, construction payment disputes, or multi-jurisdictional litigation preferred.
  • Experience managing outside counsel and advising business clients on legal strategy, risk, costs, and outcomes preferred.

Physical and mental demands

  • Frequent typing and use of a keyboard and mouse.
  • Near visual acuity for sustained review of documents, case files, legal research, and computer-based information.
  • Prolonged sitting while working at a computer or participating in meetings, calls, and video conferences.
  • Ability to communicate complex information clearly and effectively, both verbally and in writing, to management, clients, attorneys, and staff.
  • Ability to sustain concentration, exercise sound judgment, organize detailed information, and manage multiple deadlines and competing priorities.
  • Ability to work effectively in situations involving negotiation, conflict, time-sensitive decisions, and confidential or legally sensitive information.

NCS Credit is an Equal Opportunity Employer. We are committed to providing equal employment opportunities to all applicants and employees without regard to race, color, religion, sex, national origin, age, disability, genetic information, veteran status, or any other protected characteristic under applicable law. In accordance with the Americans with Disabilities Act (ADA), NCS Credit provides reasonable accommodations to qualified individuals with disabilities. If you need assistance or an accommodation during the application process, please contact hrhelp@ncscredit.com