Senior Contracts & Claims Manager

Senior Contracts & Claims Manager

Location: Vacaville, CA Onsite expectations: hybrid 3x per week

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.

Contract Management

• 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.

Post Tender Award

• 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.

Claim Management

• 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.

Supplier Relationship Management

• 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.

Stakeholder Management

• 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.

Education: 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

Skills: 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

Area: 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. Experience in a regulated industry (i.e. pharmaceutical, food) advantageous.