Our Client- A major IPP that has recently won two projects to build the 50MW Concentrated Solar Power plant Bokpoort located in the Eastern Province, South Africa and the 300MW Coal fired Power Plant Moatize, located in the Tete Province, Mozambique.
Job Purpose:
To support the business in managing all administrative actions related to commercial contracts and interpreting them on behalf of the company (and related project companies). To support the company in analysing and anticipating potential contractual risks and provide solutions to mitigate them. To handle all claims and other contractual arrangements with EPC contractors, equipment and service suppliers, off-takers, regulators, Government authorities, sub-contractors, etc. and deal with them effectively to arrive at a positive settlement.
Job Description -
- Contract formulation and finalisation
- Review all commercial contracts prior to signature
- Support any purchasing activities in defining the contract and contractual terms
- Participate in drafting contracts with a global view, considering the complete usable life of the assets being created
- Support negotiation of the contracts and assist with the interpretation of the proposed contractual terms
- Analyse and anticipate the risks involved in the contracts, based on the existing conditions and considering the useable life of the assets and provide counter - strategies and solutions to mitigate and resolve them contractually
- Activities during Contract execution
- Manage and resolve variation request or claims from the partners, sub-contractors, vendors, service providers, off-takers, etc., and take the lead in resolving them
- Manage and resolve disputes with Government, Regulators and any other authorities, as applicable in both countries
- Analyse and anticipate the risks involved during execution and provide counter - strategies and solutions to mitigate issues and resolve any contractual bottlenecks
- Review the various incoming and outgoing correspondence with the sub-contractors, vendors, partners, off-takers, authorities, or clients and draft critical letters and other correspondence where contractual terms and conditions need to be enforced, interpreted or adhered to.
- Deal with any litigation and arbitration issues; work closely with the company in-house lawyers to manage any litigation or arbitration
- Liaise with the various stake holders of the contract to meet its objectives
- General
- Protect company from unnecessary contract liabilities, damages, claims, penalties, risks,
- Periodically, or where necessary or appropriate, report to senior management with the analysis of various risks involved, their consequences, the ways and means to resolve them and the progress made in addressing the issues.
- Support project management and other team members during pre-award of the contract as well as post-award of the contract
- Support the company in establishing and updating policies, procedures, templates, systems, etc.
Candidate Requirements -
Qualifications, experience
- Legal/commercial degree with Engineering/Projects experience
- Understand the power & water utility business with special reference to PPP/PFI
- Experience of working on large EPC contract and infrastructure projects as a Commercial Contracts Specialist for at least 5 years
- Experience in large civil engineering projects will also be considered, as will senior contract administration experience in the infrastructure sector (preferably power and utilities)
- Minimum total work experience of 15 years
- Experience in managing the Tender process i.e. floating, screening, evaluation, comparison and finalisation
- Working experience in complete life cycle of large projects from conceptualisation, proposal making, contract finalisation, execution of project, commissioning, handing over, claims settlement and Operation & Maintenance of the plant
- Very good command over the contract language
- Strong understanding of local contracts law in South Africa and Mozambique, rules and regulations and any international laws impacting on the contracts
Skills & Competencies
- Excellent communication skills and contract interpretation
- Analytical skills
- Anticipatory skills
- Problem solving skills
- Ability to work under pressure and deliver under tight timelines
- Good team player
- Risk management & mitigation skills
- Co-ordination skills
- FIDIC working experience
EarthStream i s a specialist global recruiting business dedicated to the energy, resources & environment sectors that is uniquely positioned to understand the interplay and increasing convergence between these sectors. We specialize exclusively in the energy, resources and environment sectors with our capability in providing staff across a range of technical, engineering, scientific and commercial disciplines. The recruiters in each of our industry specific divisions understand the unique skills and requirements of each vertical sector and where to find the best people in that field. With operations in five continents we have the coverage and experience to service our clients and candidates anywhere in the world. Please quote reference 8393 when applying for this position.
Apply directly for this role by emailing Blaise.Jacholkowski@earthstreamglobal.com. Alternatively, contact our office by telephone on +27 21 200 5579.
Apply directly for this role by emailing Blaise.Jacholkowski@earthstreamglobal.com. Alternatively, contact our office by telephone on +27 21 200 5579.
