Senior Commercial Contracts Manager
TekWissen ® · Vacaville, CA · 4 wk ago
On-siteLegalContract
Responsibilities
- 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.
- Lead the execution of contracts to secure 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) 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;
- Maintain oversight of legal rights as per the provisions of the contract;
- Manage the Warranty and performance guarantees of the project assets;
- Safeguarding all requirements with respect to contract review;
- Support in Arbitration and in Alternative Dispute Resolution Procedures;
- Oversee, manage, direct and support the project commercial teams to ensure optimization of project returns.
- 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.
- 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.
- 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.
Qualifications
- 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 Field of Study Purchasing, Engineering or Legal, Quantity Surveying or Cost Consulting;
- 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;
- Business and financial acumen;
- Contracting strategy & execution, strategic sourcing expertise, procurement/sourcing knowledge/experience for large CAPEX projects;
- A strong understanding of construction technology, sequencing and practices;
- Exceptional problem solving and analytical skills;
- Demonstrated project management skills;
- Demonstrated experience developing and implementing sourcing strategies that have yielded measurable business results;
- Ability to work cross functionally in project work and project management;
- Has overseen, sourced from or worked for EPCMV contractors;
- Skills in all procurement processes including commodity management, supplier management, negotiations, contract management and e-procurement systems;
- Research, analysis, summary recommendation skills;
- Strong negotiating and influencing skills on international level;
- Experience managing global relationships, both internal and external;
- Experience with international commercial contracts and agreements;
- Effective interpersonal and communication skills and ability to build business relationships and to work in multi-functional team