Commercial Manager
FCC Construction, Inc
Commercial Manager
The Commercial Manager is responsible for contract administration and risk management. This position will manage time/cost impacts and protect the company from damages. The Commercial Manager is responsible for planning and coordinating commercial aspects of our contracts throughout each respective project's lifecycle.
Essential Duties And Responsibilities
- Actively identify opportunities to minimize contract risk and plan commercial risk-mitigation strategies.
- Provide support to the project team throughout the project lifecycle to ensure compliance with all relative contracts to include the prime contract and subcontracts.
- Evaluate, negotiate, and execute a wide variety of different contracts covering a range of Construction transactions.
- Evaluate and develop strategies for resolving contract-related problems that may arise with other parties and internally.
- Develop, implement, and ensure compliance with appropriate strategic commercial approach, based on contract type and/or construction-delivery method.
- 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.
- Enforce and defend contractual interests of all subcontracts throughout the project lifecycle.
- Identify and report subcontractor commercial and contractual issues as per the applicable contracts.
- Fairly evaluate subcontractor changes and claims with respect to cause, effect, entitlement, pricing, and substantiation.
- Review project specifications and ensure contractor compliance. Review compensatory claims and manage contract change orders (including price negotiations).
- Support the project team in the preparation of notices, change requests, claims, and disputes, handling each in accordance with the applicable contract provisions and interpretation thereof.
- Support the project team with effective negotiation and management of change orders to maximize returns and minimize risk.
- Support the project team with contractual and commercial matters by developing strategies and providing recommendations to prevent, mitigate and / or transfer risk exposure.
- Monitor contracts/subcontracts and move forward with close-out, retention, extension, or renewal according to what's best for the Company.
- Identify and manage project commercial and contracting risks and coordinate mitigation measures and contractual insurance requirements.
- Ensure compliance and manage maintenance of required contractual securities and insurance policies of assigned subcontracts.
- Manage the preparation of internal and external monthly reports on contractual and commercial matters.
- Maintain logs, records, and registers for subcontractor contract files, correspondence, changes, claims and risks & opportunities.
- Initiate and administer bidding process and contracts (e.g., evaluate bids, recommend vendors, contractor solicitation, etc.).
- Interface with the clients, other departments, and the public on a regular basis regarding contract and purchasing matters.
- Review specifications to determine the disciplines of work required.
- Research and evaluate vendors/contracts to ensure compliance with the state and federal regulations.
- Evaluate vendors to ensure its performance is aligned with established specifications.
- Review and maintain good record of purchasing files and records (purchase orders, contracts, etc.) to ensure its compliance with company policies and procedures and ensure the availability of documentation.
- Review and monitor capital purchases to ensure its compliance with company policies and procedures.
- Identify opportunities for cost savings.
- Compile data from variety of sources for analysis and ensure compliance with company policies and procedures and monitoring of purchasing processes.
- Respond to inquiries from internal and external sources in providing information, direction, and or appropriate referrals.
- Review project needs and make recommendations to avoid potential problems.
- As needed, support the Procurement team with preparation of contract terms and conditions.
- Maintain a good understanding of the contractual issues on the Project.
- Other duties as assigned by Direct Supervisor.
Reporting: Design Build Project Manager
Education, Skills, & Qualifications:
- Bachelor's degree in Business, Engineering, Construction Management, Law or related degree. MBA or JD degree preferred.
- Minimum of 10 years of work experience in a contract management role within the construction industry, or 7 years' experience directly managing contracts within the heavy civil construction industry.
- Advanced knowledge of construction contract administration and the principles of purchasing, finance and estimating.
- Experience working within a P3 and/or Design-Build Environment would be preferred.
- Thorough knowledge of contract language and legal requirements of contracts, regulations, and applicable law.
- Ability to interact with and present to Executives, Directors and Managers across project team, company and externally.
- Effective communication skills with ability to collaborate at multiple levels of operations personnel and functional staff.
- Strong negotiating skills with ability to lead or support commercial / contractual negotiations with subcontractors, customers, suppliers and partners.
- Commercial acumen with a proactive approach to problem solving.
- Ability to work within internationally staffed teams.
- Strong organizational skills with ability to work effectively under pressure, meet tight deadlines, and manage conflicting priorities.
Physical Demands:
- Must be able to remain in a stationary position for long periods.
- Requires visual ability to perform tasks: preparing and analyzing data, plans, drawings, outlines, viewing a computer, and extensive reading.
- Requires the ability to physically operate standard office equipment i.e., laptop, phone, keyboard, mouse, etc.
$164k - $200k
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