Senior Contracts & Claims Manager

TalentBurst•Vacaville, CA

10d•Onsite

About The Position

As a member of the Global Capital Sourcing team, a Senior Contracts & Claims Manager is sought to be responsible for the commercial management of a variety of projects within large and medium green or brown field CAPEX schemes (CAPEX project sizes/spend of min 5 m USD). The aims are to protect client's rights and entitlements as provided in the contracts, ensure the Contractors' obligations are fulfilled, ensure client is fulfilling their obligations, optimizing value-for-money, reducing contract risks, lowest Total Cost of Ownership (TCO), on time/schedule delivery, quality and in-cost project purchases to support the goal for client's growth investments. He/she is in position to mitigate risks related to the contract creation / execution, identify cost benefit solutions to complex contractual matters (including regular delivery and close out of complex negotiations with extremal Stakeholders and Consultants). The position is expected to act as a commercial expert working in close cooperation and coordination together with the Global Engineering team (SGIE), the local project team and any other relevant internal or external stakeholder, ensuring a common Client approach to suppliers.

Requirements

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.
In Purchasing, Engineering or Legal, Quantity Surveying or Cost Consulting
Highly Experienced - 10+ years
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.
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 multifunctional team

Nice To Haves

AACE / ACOSTE / MRICS/ MCIOB / MCIArb professional qualifications are desirable
Experience in a regulated industry (i.e. pharmaceutical, food) advantageous.

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 our client 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 to client) 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
Monitor and safeguards the legal right as per the provisions of the contract
Manage the Warranty and performance guarantees of the project assets
Ensuring all requirements of client, are met with respect to contract review
Coordinating the involvement of legal counsel and/or Client legal counsel in reviews as required
Support in Arbitration and in Alternative Dispute Resolution Procedures
Overseeing, managing, directing and supporting 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
Perform other duties as assigned