- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.