Commercial Manager

Role Definition:
The Commercial Manager, Kuwait, reports to the Managing Director for Kuwait and the Chief Commercial Officer.

Core Accountabilities:

• Act as the lead commercial person in the territory
• Ensures projects comply with commercial governance
• Provide commercial and contract support to project teams
• Report to senior management on project risks and commercial and contractual issues
• Liaise with other departments when necessary

Duties and Responsibilities:

Bidding Phase and Pre-contract
• Conduct contract risk review of new opportunities and tenders and provide tendering risks and opportunity analysis in accordance with the SSH Commercial Review of Contracts Guidelines and SSH Bidding Protocols;
• Prepare risk management strategy for awarded tenders, to be included in the project hand-over from the bid team to the delivery team;
• Review contract documents for completeness and to ensure that they have been properly executed, distributed and filed.
• Support bid teams on assessing and pricing contract risk in the tender;
• Draft risk mitigation strategy for high risk projects;
• Support and where necessary lead any contractual and commercial negotiations;
Project Start Up / Mobilisation
• Review the Project Management Plan to ensure that commercial responsibilities are properly described including change management, subcontractor engagement, cashflow management, project risks and opportunities.
• Ensure project teams have complied with commercial management processes and procedures for project start up.
• Ensure accepted risk strategy is articulated in the PMP,
• Assist the project team in understanding and appreciation of the contract;
• Assist in preparing templates for specific notices, templates, forms or reports required by the contract;
• Assist in setting up the necessary registers and folders for records in the project folders, specifically early warning register, change register, subconsultant register.
• Assist in the procurement of the necessary bonds and insurances required for by the contract.

Project Execution
• Challenge commercial decisions through the monthly Project Reviews;
• Ensure commercial procedures are followed;
• Interrogate and challenge costs to date and forecast to completion;
• Interrogate and challenge change management, change registers, opportunity recognition and ensure that changes are pursued and closed out;
• Review and challenge the project risk registers to ensure that risks are captured and reported correctly;
• Ensure that revenue recognition is complied with and invoicing and collection of fees is prompt;
• Review fee variations and change orders in accordance with delegated level of authority.
• Provide guidance and support to project teams on understanding project costs, identifying cost trends and forecasting estimates at completion;
• Disseminate best practice commercial management amongst the project teams;
• Provide guidance and support on identifying, drafting and negotiating fee variations;
• Provide advice and support on managing and avoiding contractual risks, including delay damages, penalties and working at risk.

Subconsultant Management
• Ensure that the SSH procedures and guidelines on engaging and managing subconsultants are followed;
• Review requests for quotations prior to issue to market;
• Prepare commercial terms and conditions for subconsultant agreement;
• Review all subconsultant variations before sign off by Resident Engineer;
• Review and sign off subconsultant final accounts.
• Provide advice on subconsultant procurement;
• Assist in drafting scope of services;
• Provide support and assistance on any Subconsultant contract issues or disputes;
• Provide support on Subconsultant stage payments;

Project Close Out
• Ensure commercial close out of projects; including final account under the main contract, subconsultant close out.
• Ensure any claims are finalised.
• Capture commercial and contractual lessons learned from the project;
Risk Management
• Produce and issue to Managing Director and General Manager the monthly risk report, highlighting the risks that emanate from Project Reviews for the region.

Legacy Issues
• Maintain register of legacy commercial issues from projects and ensure periodic review to close issues out.

Corporate / Head Office Responsibilities
• Review and consult on other agreements that are required from time to time including non-disclosure agreements, letters of intent, joint venture agreements and the like;
• Contribute to the overall commercial function;
• Support regional commercial issues;
• Contribute to commercial training of project, design delivery and supervision teams;
• Under any other assignments and tasks as required.

Qualities and Skills

• Good understanding of contract law and contract administration
• Ability to draft contracts and agreements,
• Experience in contractual dispute resolution,
• Good analytical and forensic skills
• Understanding of project accounting reporting requirements
• Substantial commercial experience gained through Quantity Surveying, Contract Management, and/or Project Management, preferably with security, systems integration or maintenance background.
• 10+ years of experience.
• Strong interpersonal and relationship Management skills

Digital Platforms:

• Microsoft office 365
• Online communication tools
• Microsoft project
Qualifications:

Bachelor’s Degree in relevant field
MRICS Certification is desirable but not essential
Quantity Surveying or Project Management certification or any other relevant certification