Job Description:
- As a member of the Global Capital Sourcing team, a Senior Contracts & Claims Manager is sought to be responsible for the commercial management of a variety of projects within large and medium green or brown field CAPEX schemes (CAPEX project sizes/spend of min 5 m USD). The aims are to protect Client rights and entitlements as provided in the contracts, ensure the Contractors’ obligations are fulfilled, ensure Client is fulfilling their obligations, optimizing value-for-money, reducing contract risks, lowest Total Cost of Ownership (TCO), on time/schedule delivery, quality and in-cost project purchases to support the goal for Client growth investments.
- He/she is in position to mitigate risks related to the contract creation / execution, identify cost benefit solutions to complex contractual matters (including regular delivery and close out of complex negotiations with extremal Stakeholders and Consultants).
- The position is expected to act as a commercial expert working in close cooperation and coordination together with the Global Engineering team (SGIE), the local project team and any other relevant internal or external stakeholder, ensuring a common Client approach to suppliers.
Responsibilities:
Project Procurement Execution Strategy:
- Support the definition of the Risk mitigation plan.
- Participate in development of contracting strategies.
- Involve Cost Control Group and ensure the implementation of cost control system e.g. progress measurement, remeasurement, bank guarantees, additional items, claims, cash flow and back-charges.
- Analyse the contract conditions and assist the project management in the preparation and conduction of the execution of those contracts.
- Involvement with the review of new tenders and contracts with Strategic Supplier.
- Support the negotiation of major contracts, subcontracts and own the final review and document preparation with Strategic Supplier.
- Ensure relevant Procurement & SGIE process and standards are followed.
Post Tender Award:
- Lead the execution of contracts to secure our Client contractual rights and entitlements.
- Responsible to report contracting plan status and variations to the Project & Procurement on a periodic basis.
- Manage the contracting plan during project execution, commissioning and evaluation stages, including the contractor’s cost in cooperation with Cost Control.
- Prepare a summary of key contractual points (deviations from norms, identified risks, of concern to Client) generated by a review such that they can be readily identified and addressed.
- Negotiate and agree contract extensions & change request.
- Coordinate activities such as change orders, delay management, conflict management, preparation for potential litigation / arbitration / ADR in terms of proper documentation, timely responses to the contractor as per contract.
- Monitor and safeguards the legal right as per the provisions of the contract.
- Manage the Warranty and performance guarantees of the project assets.
- Ensuring all requirements of Client, are met with respect to contract review.
- Coordinating the involvement of legal counsel and/or Client legal counsel in reviews as required.
- Support in Arbitration and in Alternative Dispute Resolution Procedures.
- Overseeing, managing, directing and supporting the project commercial teams to ensure optimization of project returns.
Claim Management:
- Identifying opportunities for outgoing claims, development of claim strategies, supporting/preparing notifications/correspondence as well as negotiation and settlement.
- Analysis of incoming claims, development of defense strategies, supporting/preparing response/correspondence, claim negotiation and settlement.
- Collection and registration of all claim related documentation in company’s claim repository.
Supplier Relationship Management:
- Manage escalation of issues and claims management with supplier.
- Develop the supplier relationship according to the expectations per supplier segment.
- Support supplier relationship management and to ensure reliable high quality supply.
- Support the supplier performance, compliance and accountability through supplier scorecards and performance metrics.
- Involved in periodic commercial audits of main contractors.
- Perform other duties as assigned.
Stakeholder Management:
- Identify and engage with internal stakeholders, including Project Management, Global SGIE, Global Procurement and Corporate Functions (mainly Legal and Finance).
- Clarify stakeholder requirements.
- Drive proactive communications.
Requirements:
- A higher commercial background equivalent to a Bachelor (BSc/BA), preferably Master degree (MSc/MBA) or equivalent and a good thorough technical understanding and knowledge.
- Purchasing, Engineering or Legal, Quantity Surveying or Cost Consulting.
Work Experience:
- Minimum 10 years of relevant experience with major contractors / consultants in roles dealing with management of project change procedures, cost management, claims and variations, negotiation and settlement of disputes with owners and subcontractors.
- Demonstrated experience developing and implementing contract strategies that have yielded measurable business results.
- Ability to work cross functionally in project work and project management.
- Has preferably overseen, sourced from or worked for EPCMV / EPC contractors.
- Experience operating at a senior level on a major project or in a Commercial / Claims Manager role in a large construction company.
- Experience in a regulated industry (i.e. pharmaceutical, food) advantageous.