Contracts & Commercial Manager
- Deadline: 07.03.2024
My client is one of the UK’s leading independent infrastructure and property consultancies, specialising in environment, ecology, planning and sustainability. Their work portfolio includes: Support for HS2, Crossrail and Transport for London; iconic large scale property developments and urban regeneration schemes such as Barking Riverside and consents support for the construction delivery of Euston Station. Due to their expansion plans they are currently recruiting for a Contracts and Commercial Manager for their London offices.
The Contract and Commercial Manager (CCM) is a new position and is part of the Senior Management cohort. It is part of the new Programme/Project Management Office (PMO) introduced last year as part of a wider Transformation programme. It is a central to delivering improved financial performance in the business as well as a better understanding of Project risks and opportunities. The role will necessitate regular interaction with their Project Managers/Directors as well as clients on occasion. It is expected to deliver a step change in Project profitability as well as the recovery disallowed fees where practicable. The CCM will also inform the commercial and pricing (fee rates) strategy on a dynamic and project by project basis based on experience, anticipated risks and market insight.
The CCM will report to the Commercial Director and work closely with internal Project Managers/Directors as required.
As part of the role, the CCM will be responsible for:
- Running internal training programmes (bespoke and general) on contract and commercial matters for PM/PD staff;
- Ensuring relevant scrutiny of new contracts (alongside PMs) and associated amendments/negotiations as required, and ensuring limitations and assumptions are identified and risks properly priced.
- Ensuring Contracts are set up and managed in the right way. This means that all contractual obligations relating to the consultancy’s business and project commission works must be fully documented and communicated in a manner that best protects the interests of our client
- As part of these reviews, it will be important to flag any concerns (early warning) including spend/progress, scope creep, margins (staff and sub consultants), contract and risk management generally.
Ensuring contracts are closed out in the right manner and no liabilities arise.
- Manage, coordinate and participate in the preparation of all necessary project cost plans, budgets, forward expenditure estimates, cash flows, cost reports and commercial agreements.
- Provide strong input and leadership into the regular review of project costs and budgets.
- Prepare and document all contract documentation for consultant and supplier services.
- Process, review and document all contractual payments and maintain records of expenditure against approved fees and budgets.
- Manage and direct supporting commercial staff appointed to the project.
- Assist and provide strong guidance to all members of the project team and executive management team in commercial and contractual negotiations with contractors, clients and suppliers.
- Ensure adequate records are maintained of all contract negotiations, variations and payments to satisfy audit requirements.
- Review and assessment of project scope to ensure project budgets and cost plans are not exceeded.
- Ensure compliance with the contract agreements and internal procedures is achieved especially related to Cost review, consultant contract negotiations, claims negotiations and risk management.
- Prepare reports to exec management team and Project Directors as required.
- Develop and manage procurement and contracting Policy and Procedures
- Develop standard contract terms and conditions for all teams/BUs
- Assess and revise contracting strategies and conditions for improvement.
- Arrange for final contract document review and acceptance by legal, and executive management.
- Provide advice on all contractual issues during the complete life cycle of the Contract until the contract closes out.
- Evaluate and monitor contract performance to ensure compliance with contractual obligations and to determine need for change.
- Keep abreast of new legislation, government policy, best practice and relevant external factors relevant to procurement and consulting service activity.
- Ensure effective audit and performance management mechanisms are in place and provide statutory returns and reports as required.
The CCM will also be responsible for the preparation of cost estimates, budgets, cost reports and cash flows plus the processing of claims for payment from contractors and clients, as well as responsibility for evaluating and processing payments to the supply chain, in line with agreements and relevant legislation.
- A Bachelor Degree of Engineering / QS with MRICS or equivalent.
- A legal, commercial, or QS background is ideal with additional post graduate qualifications.
- Knowledge and working experience of different standard forms of contract and sub-contracts
- NEC 3 & 4
- Professional Services Agreements
- Term Service agreements
- Minimum of 6 years’ experience of undertaking commercial & legal reviews and the preparation of commercial and legal summaries/claims and demonstrable recovery of contractual entitlement.
- Extensive experience working with or for consultancies on major infrastructure projects.
- Experience of negotiating commercial contracts from formation to successful close out.
- A high level of commercial awareness including knowledge of current contract legislation.
- Have a meticulous approach to contract administration, and be willing to defend adopted contractual stances and interpretations, especially when under scrutiny.
- Ability to think ahead, identify new opportunities and create new and innovative approaches to work related issues
- Demonstrates a determination, desire to succeed and a wish to progress and develop within a commercial role
- Excellent working knowledge of Word, Excel, and strong user skill level within MS Office.
- Excellent numerical and communication skills.
- Hands on experience in variation orders, EOT Claims & Risk Analysis