Commercial Manager

Role DefinitionThe Commercial Manager, Kuwait, reports to the Managing Director for Kuwait and the Chief Commercial Officer.Core AccountabilitiesAct as the lead commercial person in the territoryEnsures projects comply with commercial governanceProvide commercial and contract support to project teamsReport to senior management on project risks and commercial and contractual issuesLiaise with other departments when necessaryDuties and ResponsibilitiesBidding Phase and Pre-contractConduct 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 / MobilisationReview 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 ExecutionChallenge 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 ManagementEnsure 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 OutEnsure 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 ManagementProduce and issue to Managing Director and General Manager the monthly risk report, highlighting the risks that emanate from Project Reviews for the region.Legacy IssuesMaintain register of legacy commercial issues from projects and ensure periodic review to close issues out.Corporate / Head Office ResponsibilitiesReview 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 SkillsGood understanding of contract law and contract administrationAbility to draft contracts and agreements,Experience in contractual dispute resolution,Good analytical and forensic skillsUnderstanding of project accounting reporting requirementsSubstantial commercial experience gained through Quantity Surveying, Contract Management, and/or Project Management, preferably with security, systems integration or maintena