Senior Commercial Contracts Manager
TekWissen LLC
Overview:
TekWissen is a global workforce management provider headquartered in Ann Arbor, Michigan that offers strategic talent solutions to our clients world-wide. Our client is a leading biotechnology company that combines technological insight with world-class manufacturing, scientific expertise, and process excellence and helps their customers deliver new and innovative medicines that help treat a wide range of diseases. Our client specializes in pharmaceutical ingredients, Bioscience, Biopharmaceuticals, Custom manufacturing, Biotechnology, Life science ingredients, Nutrition, Microbial Control, Agriculture, Materials Science, Personal Care, and cell and gene therapy.
Job Title: Senior Commercial Contracts Manager
Location: Vacaville, CA - 95688
Duration: 6 Months
Job Type: Temporary Assignment
Shift: 1st Shift
Work Type: Onsite
Summary
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 rights and entitlements as provided in the contracts, ensure the Contractors' obligations are fulfilled, ensure obligations are fulfilled, 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 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 approach to suppliers.
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 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) 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 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.
Required Skills
- 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 Field of Study Purchasing, Engineering or Legal, Quantity Surveying or Cost Consulting
- 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.
- 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 multi-functional team
TekWissen Group is an equal opportunity/affirmative action Employer (m/f/d/v) supporting workforce diversity.
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