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Job Description

JOB DESCRIPTION

Job Holder:

 

 

Reporting to:

 

 

Department:

 

Commercial Department

Designation:

 

SVP – Commercial

Designation:

 

 

Date of this Update:

 

Revision #:

 

 

 

 

Job Purpose:  (The primary objectives of this job.)

The purpose of this job is to lead the organization through the commercial landscape, help the company to maintain a consistent trajectory of growth while avoiding obstacles that arise from a constantly shifting market.

 

 

Job Specifications: (Attributes for the job holder to be effective in this role)

 

Educational

 

Bachelor in Civil Engineering. MBA in Finance Management will be an added advantage.

Total Experience

20 to 25 years

Age

45 to 55 years

Professional Qualifications or Certifications) Required, if any.

 

Chartered status preferred but not essential

 

Job Competencies:

(Technical)

 

 

  1. Demonstrable experience and proven track record in leading Contracting organization (main Contractor) managing commercial & Contracts team and in the collation, analysis and reporting of commercial data.
  2. Operating capability and professional demeanor with a strong commercial acumen.
  3. Excellent in problem solving, analytical and decision making capabilities.
  4. Experience in implementing systems and process.
  5. Team management and ability to create synergy in the team through motivation
  6. Excellent communicator both written and orally, with effective presentation and negotiation skills
  7. Ability to work through ambiguity, often to meet strict deadlines.
  8. A demonstrable ability to undertake route cause analysis and implement solutions
  9. Knowledge of industry best practices .

 

Job Competencies: (Behavioral)

 

 

 

  1. Enjoys challenge and responsibility
  2. Excellent communication skills both verbal and written
  3. Very strong negotiation skills
  4. Resourceful and adept at solving problems at all levels.
  5. Diligent and continually strives to ensure tasks are completed to a high standard.
  6. Believes in the concept of teamwork, ensuring new ideas are developed and work practices improved.
  7. Conduct annual appraisal for department staff and monitor performance regularly.
  8. Mentor, coach and train department and junior staff and develop them for future roles.

 

 

 

Reporting Relationships :   

                                    

SUPERVISION RECEIVED BY THIS JOB

(Designation of Immediate Manager)

 

SUPERVISION GIVEN BY THIS JOB

Job Titles and Number of Individuals reporting to this Job Holder, if any:

Other Reporting relationships

Managing Director

 

 

 

 

COO (Peer level)

 

 

Key Result Areas (KRA) and List of Job Responsibilities

(The key responsibilities mentioned below are intended to give a broad indication of the general nature, essential duties and tasks expected from the job holder. It is not a comprehensive inventory of all responsibilities, and the job holder is expected to carry out other reasonable duties based on business requirement from time to time.)

 

 

List of Job Responsibilities

 

(Routine and non-routine tasks that this employee has to perform in order to achieve the KRA identified.)

Commercial Strategy:

  • Responsible and accountable for developing and executing business strategies to ensure growth in accordance with the company’s strategic plans.
  • Participate in commercial risk assessment for the new Tenders and suggest risk mitigation measures.  
  • Providing advice and guidance across all commercial aspects of the business including operational delivery, Invoicing, Variations, Claims and other contractual issues and reporting
  • Review project status and suggest actionable inputs for increased Turnover and Margins.

 

Cost Control and Commercial Operations:

  • Identify opportunities for cost reduction and improved efficiencies across the business.
  • Manage the changes/Variation Orders review and evaluation, claims and EOT costs and contractual matters.
  • Review project and annual budgets based on detailed cost estimates and implementation of same.
  • Undertake / conduct costs benefit analysis of different ‘methods of construction’ and recommend the most viable method.
  • To critically monitor all cost elements of projects with appropriate mapping against budget provisions and exercise strict control on costs.
  • Monitor and control expenditure on new/ variation items with appropriate budget provisions and commitment for corresponding revenue for these items.

 

Contracts Management:

  • Oversee / review and approve Contracts
  • Review and approve Subcontract terms and documents
  • Serve as a nodal point of contact for Employers/ Consultants and project teams.
  • Provide advice on handling the redlined recommendations and negotiation strategies for handling Employers/ Consultants
  • Review and approve contractual records and documentation, such as receipt and control of all contract correspondence, contractual changes, status reports and other documents for all projects.
  • Provide guidance on contract matters, including training to department employees in contracting procedures.
  • Ensure implementation of procedures for contract management and administration in compliance with company policy.
  • Ensure that signed contracts are communicated to all relevant parties to provide contract visibility and awareness, interpretation to support implementation.

Procurement:

  • Oversee the procurement activities and ensure that appropriate process is followed for collection of quotes, comparative statement, negotiation and in finalization of commercial terms
  • To review the invoices and certification process of the invoices including monitoring of the variations, scope changes, delays and change in legislation issues and act within time to ensure that the variations/ claims are substantiated appropriately and paid.
  • Hold regular meetings with Planners, QS, projects team, finance team and procurement team to flag up the items/ possible critical path activities for ensuring timely action on procurement & delivery.

 

 

 

 

Budget Management:

  • Coordinate with project team in preparation of preliminary budget till zero budget is prepared and approved by competent authority.
  • Coordinate and ensure that zero budget is approved within 30 days from commencement date.
  • Anchor monthly budget review of projects and critically examine the variations and suggest ways and means of improving bottom line

Policies and Procedures:

  • Develop and ensure the commercial procedures are maintained by sharing best practice and continual improvement to protect company's commercial position.
  • Monitor the implementation of commercial policies and procedures within the company ensuring legal compliance.
  • Review, scrutinize and develop processes aimed at improving the profitability of the business.
  • Ensure that the project teams implement systems and processes approved by the organization through periodic checks

 

Pre-Awards:

  • Oversee Tender Evaluation: Contractual and Commercial evaluation of Tenders, Risk identification and its mitigations, review of bond / bank guarantees requirements, coordination for legal advice etc.
  • Review and approve Agreements: Drafting and reviewing Joint Venture Agreements, Consortium Agreements, Tie-up Agreements, Sub-Contracting Agreements, MOU’s etc.
  • To ensure that the contractual terms agreed are in line with the post Tender discussions and validate the documents before the Contracts documents are signed off.
  • Coordinate transfer of relevant tender data to projects team with a check list on salient features of the Contract.

Claims Management:

  • Oversee the Claim Evaluation - Defending & assessing the EOT Claim submitted by sub - contractors in terms of evaluation of Initial Notice & Contemporary Records, Factual Assessment, Clarification and Consultation Meetings followed by Delay Analysis including Contractor’s Entitlement and Culpability Analysis.
  • Review and approve the Claim Preparation – Early Identification of issues, Preparing, Submission and negotiation of Claims for Extra Items, Variation, Unforeseen Conditions, etc.

Risk Management:

  • Proactively assess critical contract obligations and contract provisions.
  • Review contracts related correspondences for Subcontractors, Consultants and Client.
  • To review the risks in the tenders at bid stage and suggest risk mitigation measures for appropriate action at tender stage.
  • To insulate the organization from commercial risks through appropriate checks and balances in commercial, contractual and legal issues.
  • Ability to vet out various contractual & sub-contractual obligations as per ideal standards.
  • Revisit the systems and processes that are being implemented and continuously improve the systems for risks mitigation.

 

Reporting:

  • Review reports on the status of contracts indicating current status with regards to financial situation and provide guidance and recommendations for improvements.
  • Oversee all of the outputs arising from the commercial team.
  • Review and submit JCA and CAC reports to stake holders on monthly basis within the time frame agreed and organize supporting documents to validate the details in the reports.

 

External Relationship:

  • Communicate, liaise and negotiate with clients, customers and business associates as required including dispute resolution.
  • Conducting meetings with client & consultant on contractual matters regarding progress of works, claim situations and other construction and commercial issues.

Legal:

  • Review Drafts of agreements and Contracts and ensure Compliance.
  • Coordinate with legal team on possible issues or litigation and ensure that the details forwarded to legal team are accurate and are sent on time, including coordination required with HO and projects in compiling the required details.
 
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