Commercial Manager

About the role

The Commercial Manager is responsible for contract administration and risk management. This position will manage time/cost impacts and protect the company from damages. The Commercial Manager is responsible for planning and coordinating commercial aspects of our contracts throughout each respective project’s lifecycle.

Responsibilities

• Actively identify opportunities to minimize contract risk and plan commercial risk-mitigation strategies.
• Provide support to the project team throughout the project lifecycle to ensure compliance with all relative contracts to include the prime contract and subcontracts.
• Evaluate, negotiate, and execute a wide variety of different contracts covering a range of Construction transactions.
• Evaluate and develop strategies for resolving contract-related problems that may arise with other parties and internally.
• Develop, implement, and ensure compliance with appropriate strategic commercial approach, based on contract type and/or construction-delivery method.
• Develop and implement contract-management and purchasing instructions, policies, procedures, and systems.
• Provide on-demand contractual clarifications / position statements to project team members as required.
• Enforce and defend contractual interests of all subcontracts throughout the project lifecycle.
• Identify and report subcontractor commercial and contractual issues as per the applicable contracts.
• Fairly evaluate subcontractor changes and claims with respect to cause, effect, entitlement, pricing, and substantiation.
• Review project specifications and ensure contractor compliance.
• Review compensatory claims and manage contract change orders (including price negotiations).
• Support the project team in the preparation of notices, change requests, claims, and disputes, handling each in accordance with the applicable contract provisions and interpretation thereof.
• Support the project team with effective negotiation and management of change orders to maximize returns and minimize risk.
• Support the project team with contractual and commercial matters by developing strategies and providing recommendations to prevent, mitigate and / or transfer risk exposure.
• Monitor contracts/subcontracts and move forward with close-out, retention, extension, or renewal according to what’s best for the Company.
• Identify and manage project commercial and contracting risks and coordinate mitigation measures and contractual insurance requirements.
• Ensure compliance and manage maintenance of required contractual securities and insurance policies of assigned subcontracts.
• Manage the preparation of internal and external monthly reports on contractual and commercial matters.
• Maintain logs, records, and registers for subcontractor contract files, correspondence, changes, claims and risks & opportunities.
• Initiate and administer bidding process and contracts (e.g., evaluate bids, recommend vendors, contractor solicitation, etc.).
• Interface with the clients, other departments, and the public on a regular basis regarding contract and purchasing matters.
• Review specifications to determine the disciplines of work required.
• Research and evaluate vendors/contracts to ensure compliance with the state and federal regulations.
• Evaluate vendors to ensure its performance is aligned with established specifications.
• Review and maintain good record of purchasing files and records (purchase orders, contracts, etc.) to ensure its compliance with company policies and procedures and ensure the availability of documentation.
• Review and monitor capital purchases to ensure its compliance with company policies and procedures.
• Identify opportunities for cost savings.
• Compile data from variety of sources for analysis and ensure compliance with company policies and procedures and monitoring of purchasing processes.
• Respond to inquiries from internal and external sources in providing information, direction, and or appropriate referrals.
• Review project needs and make recommendations to avoid potential problems.
• As needed, support the Procurement team with preparation of contract terms and conditions.
• Maintain a good understanding of the contractual issues on the Project.
• Other duties as assigned by Direct Supervisor.

Reporting

Reports to the Design Build Project Manager.

Education, Skills, & Qualifications

• Bachelor's degree in Business, Engineering, Construction Management, Law or related degree.
• MBA or JD degree preferred.
• Minimum of 10 years of work experience in a contract management role within the construction industry, or 7 years’ experience directly managing contracts within the heavy civil construction industry.
• Advanced knowledge of construction contract administration and the principles of purchasing, finance and estimating.
• Experience working within a P3 and/or Design-Build Environment would be preferred.
• Thorough knowledge of contract language and legal requirements of contracts, regulations, and applicable law.
• Ability to interact with and present to Executives, Directors and Managers across project team, company and externally.
• Effective communication skills with ability to collaborate at multiple levels of operations personnel and functional staff.
• Strong negotiating skills with ability to lead or support commercial / contractual negotiations with subcontractors, customers, suppliers and partners.
• Commercial acumen with a proactive approach to problem solving.
• Ability to work within internationally staffed teams.
• Strong organizational skills with ability to work effectively under pressure, meet tight deadlines, and manage conflicting priorities.

Physical Demands

• Must be able to remain in a stationary position for long periods.
• Requires visual ability to perform tasks: preparing and analyzing data, plans, drawings, outlines, viewing a computer, and extensive reading.
• Requires the ability to physically operate standard office equipment i.e., laptop, phone, keyboard, mouse, etc.