Commercial Manager
FCC Construcción
With 125 years of experience, the FCC Group's Infrastructure Division is present in 25 countries, and its activities cover all areas of engineering and construction. It is a leader in the execution of transport infrastructure, as well as in residential and non-residential construction. FCC Construcción is currently the fourth-largest construction company in Spain in terms of contract volume and ranks among the top 30 in the world, according to the international magazine ENR (Engineering News-Record). We are looking for a Commercial Manager to join our FCC Team assigned to the MTA’s Second Avenue Subway Project. This position is based in New York, NY, and requires daily presence in the office and/or on construction sites. TheMTA’sSecondAvenueSubwayprojectisa$7.7BexpansionthatwillextendtheQLinefrom96thStreetintoEastHarlem,addingthreenewADA-accessiblestationsat106th,116th,and125thStreets.Thislong-awaitedprojectwillrestorerapidtransitaccesstoacommunityunderservedfordecades,easeovercrowdingontheLexingtonAvenueline,andcutcommutetimes—deliveringatransformativeimpactforEastHarlemresidentsandthecityasawhole. This position will support the $2 billion design-build contract for Phase 2, which includes two tunnels that will enable the development of two new subway stations in New York. Led by Connect Plus Partners, a joint venture between FCC Construction and Halmar International, the project brings together extensive experience in large-scale infrastructure, complex tunneling, and urban transit construction. Position Summary Working in close collaboration with the Design Build Director and core project team, the Commercial Manager will provide guidance and leadership to develop, implement, and drive contract/claim management and risk mitigation strategies by business objectives. The Commercial Manager will be assigned full-time to the project and is responsible for monitoring all Civil Rights Compliance requirements and ensuring the Design Builder meets the DBE (Disadvantaged Business Enterprise) goals set forth in the Contract Documents. This role also manages commercial and contractual matters, including change orders, billing, payment requests, insurance, bonding, and maintains accurate and complete financial records for the Contract. The Commercial Manager plays a key role in protecting the Design-Builder’s commercial interests while ensuring compliance with all contractual, financial, and civil rights obligations. The CM’s key responsibilities are: Overall responsibility for all commercial matters, including contracts, subcontracts, procurement, DBE compliance, change management, and insurance oversight. Identify and analyze potential commercial risks and liabilities associated with proposals, ongoing projects, and supplier agreements. Draft or amend contracts and commercial agreements. Review and negotiate all commercial agreements, including requests for quotation, requests for proposals, confidentiality agreements, pre-bid agreements, purchase orders, subcontracts, and contracts, and provide recommendations during estimating, pre-award, construction, and post-construction phases. Lead or support negotiation and resolution of contract disputes, claims, and settlements with clients and subcontractors, ensuring alignment with legal counsel and JV leadership. Review project specifications, ensure contractor compliance, and manage change orders and compensatory claims. Monitor compliance with contract deliverables and key performance indicators (KPIs), ensuring the project meets financial, scheduling, and performance obligations as defined in the prime contract. Support the preparation of contract notices, change requests, and claims/disputes in accordance with applicable provisions and interpretations. Identify and manage project commercial and contracting risks and coordinate mitigation measures. Monitor Civil Rights Compliance and ensure achievement of DBE participation goals in accordance with contract requirements. Administer and track all change orders, claims, and contract modifications, while maintaining accurate financial and contractual records (e.g., correspondence logs, issue/change logs, and risk/opportunity registers) to ensure compliance and audit readiness. Manage billing and payment request processes to ensure timely and accurate submissions. Manage all project-related insurance and bonding requirements, coordinating with brokers and insurers to ensure compliance with contractual obligations, monitoring renewals, handling claims and endorsements, and supporting resolution of insurance-related issues. Provide commercial support to the project team, including risk identification and mitigation strategies. Prepare internal and external monthly reports on commercial, contractual, DBE, and compliance matters. Support contract close-out processes, including retention release and obtaining all compliance certifications. Interface with clients, partners, and internal stakeholders, including legal, finance, cost estimating, insurance, tax, treasury, and risk teams, to ensure alignment on commercial priorities. Prepare project-specific contract administration manuals based on standard templates. Develop and implement appropriate commercial strategies and ensure compliance with contract type and delivery methods. Develop and implement contract-management and purchasing instructions, policies, procedures, and systems. Provide on-demand contractual clarifications/position statements to project team members as required, as well as understanding and interpretation of the contract language, and practical application of contract documents. Ensure flow down of the prime contract terms to other related contracts and ongoing projects. Support the development of communication strategies with the sponsor and public authority, considering legal and commercial implications. Coordinate with team members to establish agendas to be addressed with the authority at commercial meetings you attend. Supervise and support project administrative personnel, ensuring appropriate training, qualifications, and competency. Prepare and manage contractual correspondence and notices in accordance with contract requirements. Research and evaluate vendors/contracts to ensure compliance with the state and federal regulations. Evaluate vendors to ensure their performance is aligned with established specifications. Deliver training, presentations, or workshops on contract administration, change and delay management, and corporate policies as needed. Contribute to the revision and upkeep of operating policies and procedures. Obtain legal department input as needed for the resolution of contract and compliance matters. Coordinate JV partner commercial responsibilities, reporting, and cost-sharing agreements to ensure alignment across stakeholders. Manage import/export compliance requirements, as required by the project. Education and Qualifications Bachelor’s degree in Engineering, Construction Management, Law, Business, or related discipline; MBA or JD preferred. Minimum of 15 years of experience in commercial or contract management within the construction industry, including at least 7 years on large heavy civil infrastructure projects. Demonstrated experience with Civil Rights Compliance, DBE participation programs, change management, insurance, and financial controls. Experience working in a joint venture is preferred. Advanced knowledge of construction contract administration, finance, and risk management. Strong negotiating skills with proven ability to manage commercial/contractual matters with subcontractors, clients, and partners. Effective communication and organizational skills with the ability to manage competing priorities under tight deadlines. Experience in a Design-Build environment strongly preferred. Previous experience working on Metropolitan Transportation Authority (MTA) or other major transit infrastructure projects strongly preferred. Ability to collaborate with multidisciplinary teams and interact with executives, project directors, and external stakeholders. Job Requirements Provide leadership to Commercial staff and direct reports. Advanced knowledge of construction law, negotiating, and drafting major construction contracts A solid understanding of public procurement processes and policies, as well as proposal processes. Knowledge of labor obligations and their impact on the corporation. Strong written and verbal communication skills. Advanced technical skills in MS Word, MS Project, Excel, and PowerPoint. Strong initiative and ability to work independently and collaborate successfully in a team environment. Superior organizational and project management skills with proven ability to manage multiple projects through to completion. Ability to self-manage a project or process and complete tasks with minimal supervision. Flexibility to accommodate varied hours that accompany a deadline-driven environment. Strong construction knowledge, with experience in Subcontract Management for a Contractor. Physical Demands Work will be primarily office-based, with regular interaction across the project and commercial team. Extended periods of computer-based work are required for reporting, analysis, and document preparation. Occasional site visits to active construction areas may be required, involving exposure to noise, dust, vibration, and varying weather conditions. Requires the ability to sit, type, and review detailed documents for prolonged periods with accuracy. Flexibility to work extended hours as needed to meet commercial and compliance deadlines. FCC is dedicated to creating an inclusive workplace where diversity is valued and respected. As an Affiantive Action/Equal Opportunity Employer, we do not discriminate against any applicant for employment or employee because of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, protected veteran status, genetics, creed, veteran status, military status, or any other characteristic protected under Federal, State, or local laws. Reasonable accommodation will be provided to qualified individuals with disabilities in accordance with applicable law. #J-18808-Ljbffr
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