Roles and responsibilities
Key Responsibilities:
- Contract Management: Lead the negotiation, drafting, and management of contracts with clients, subcontractors, and suppliers. Ensure that all contracts comply with legal and company requirements.
- Budgeting & Cost Control: Prepare and manage project budgets, forecasts, and financial reports. Monitor costs and expenditures to ensure that projects stay within budget.
- Tendering & Procurement: Manage the tendering process, including the preparation and evaluation of bids. Negotiate and secure the best terms with suppliers and subcontractors.
- Project Financial Management: Oversee the financial performance of construction projects, including cash flow management, invoicing, and payment schedules. Identify and mitigate financial risks.
- Risk Management: Identify potential risks in contracts and projects and develop strategies to mitigate them. Ensure compliance with industry standards and regulations.
- Client Liaison: Act as the main point of contact for clients regarding commercial and contractual matters. Build and maintain strong relationships with clients to ensure customer satisfaction and repeat business.
- Claims Management: Handle any claims related to the construction projects, including variations, delays, and disputes. Ensure that claims are resolved efficiently and in line with contractual obligations.
- Team Leadership: Manage and mentor the commercial team, including quantity surveyors and contract administrators. Ensure that the team is aligned with the company’s goals and objectives.
- Reporting: Provide regular updates and reports to senior management on the commercial status of projects, including financial performance, risks, and opportunities.
Qualifications:
Education:
- Bachelor’s degree in Quantity Surveying, Construction Management, Civil Engineering, or a related field.
- A master’s degree or professional qualifications (e.g., RICS, CIOB) is preferred.
Experience:
- 15-20 years of experience in a commercial management role within the construction industry.
- Proven experience in managing large-scale construction projects.
Skills:
- Strong knowledge of construction contracts, including NEC, JCT, and FIDIC.
- Excellent negotiation and contract management skills.
- Proficient in financial management and cost control.
- Strong leadership and team management abilities.
- Analytical thinking and problem-solving skills.
- Excellent communication and interpersonal skills.
Desired candidate profile
1. Contract Drafting and Negotiation:
- Drafting Contracts: Prepare, review, and edit contracts, ensuring they are clear, concise, and legally sound. This includes drafting agreements for suppliers, clients, subcontractors, and partners.
- Negotiating Terms: Lead contract negotiations with clients, suppliers, and subcontractors, ensuring favorable terms for the organization while balancing risks and obligations.
- Legal Compliance: Ensure that all contracts comply with relevant laws and regulations, industry standards, and company policies. This includes considering legal, financial, and operational risks when negotiating terms.
- Customization: Tailor standard contract templates to suit specific project needs, ensuring that all terms and conditions are appropriate for each individual contract.
2. Contract Administration:
- Contract Implementation: Oversee the execution of contracts and ensure that both parties fulfill their obligations in accordance with the agreed terms.
- Document Control: Maintain and organize all contract documentation, ensuring that contracts, amendments, and related correspondence are properly filed and accessible.
- Stakeholder Coordination: Work closely with internal teams (e.g., legal, finance, procurement, project managers) to ensure that all contractual requirements are met throughout the lifecycle of the project or contract.
- Contract Amendments and Extensions: Manage amendments, extensions, and renewals of contracts as needed, ensuring that all changes are properly documented and agreed upon by all parties.
3. Risk Management and Dispute Resolution:
- Risk Identification: Identify potential risks associated with contracts, including financial, legal, and operational risks, and work to mitigate those risks early in the process.
- Dispute Resolution: Address and resolve contractual disputes, including working with legal teams to resolve disagreements through negotiation, mediation, or arbitration. This may also involve managing claims or litigation.
- Performance Monitoring: Monitor contract performance throughout the lifecycle, ensuring that deliverables are met on time, within budget, and according to specification.
- Compliance Monitoring: Track contract compliance to ensure that all contractual obligations are being fulfilled, including quality standards, timelines, and legal requirements.
4. Financial Management:
- Cost Control: Ensure that the contract terms and conditions are adhered to in order to control costs, reduce financial risks, and avoid unexpected expenses.
- Payment Terms: Oversee the financial terms of contracts, including payment schedules, penalties for late payment, and resolving payment disputes.
- Final Account Settlements: Ensure final account settlements are completed accurately, including resolving any discrepancies between the agreed contract value and actual costs incurred.
5. Reporting and Documentation:
- Regular Reporting: Provide regular updates to senior management on contract status, including potential issues, delays, risks, and disputes.
- Compliance Reporting: Generate reports to demonstrate that contracts are being adhered to, including audits, compliance checks, and performance evaluations.
- Contract Milestones: Track key milestones and deliverables under each contract, ensuring that timelines are met and project requirements are satisfied.
6. Contract Close-Out:
- Final Evaluation: Ensure that all contractual obligations are completed satisfactorily before the contract is closed, including making sure that all payments have been received and services delivered.
- Post-Contract Review: Conduct post-contract reviews to assess the success of the contract, identify lessons learned, and suggest improvements for future contracts.
- Dispute Resolution Closure: Ensure that any disputes or claims are resolved before the final closure of the contract.
Key Skills and Competencies:
1. Contract Knowledge:
- In-depth Understanding of Contracts: Strong knowledge of various types of contracts (e.g., fixed-price, time and materials, EPC, joint venture agreements) and the legal implications of each.
- Legal and Regulatory Knowledge: In-depth understanding of the legal framework within the industry, including contract law, procurement regulations, and compliance requirements.
2. Negotiation Skills:
- Ability to negotiate favorable terms for the organization while maintaining positive relationships with clients, suppliers, and contractors.
- Strong conflict resolution skills to address and resolve contractual disputes quickly and efficiently.
3. Project Management:
- Strong project management skills, with the ability to coordinate between various stakeholders (e.g., clients, suppliers, legal teams, project managers) and ensure all contractual obligations are met.
- Ability to prioritize tasks, manage multiple contracts simultaneously, and meet deadlines.
4. Attention to Detail:
- High attention to detail in reviewing contracts to identify any ambiguities, discrepancies, or potential issues.
- Thorough in ensuring compliance with contractual terms, quality standards, and legal requirements.
5. Risk Management:
- Ability to assess potential risks in contracts and projects, and develop strategies to minimize or mitigate these risks.
- Proactive in identifying potential issues that could lead to disputes, cost overruns, or delays.