Senior Contracts & Claims Manager - Vacaville, CA

Senior Contracts & Claims Manager

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 Client’s rights and entitlements as provided in the contracts, ensure the Contractors’ obligations are fulfilled, ensure Client is fulfilling their obligations, 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 Client’s 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 external 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 Client approach to suppliers.

Project Procurement Execution Strategy

• 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 systems including:
  • Progress measurement
  • Remeasurement
  • Bank guarantees
  • Additional items
  • Claims
  • Cash flow
  • 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 Suppliers.
• Support the negotiation of major contracts, subcontracts and own the final review and document preparation with Strategic Suppliers.
• Ensure relevant Procurement & SGIE processes and standards are followed.

Post Tender Award

• Lead the execution of contracts to secure Client contractual rights and entitlements.
• Report contracting plan status and variations to the Project & Procurement teams 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 including:
  • Deviations from norms
  • Identified risks
  • Commercial concerns relevant to Client
• Negotiate and agree contract extensions and change requests.
• Coordinate activities including:
  • Change orders
  • Delay management
  • Conflict management
  • Preparation for potential litigation, arbitration, or Alternative Dispute Resolution (ADR)
  • Timely contractual responses to contractors
• Monitor and safeguard legal rights as provided under the contract.
• Manage project warranties and performance guarantees.
• Ensure all Client contract review requirements are met.
• Coordinate involvement of legal counsel and/or Client legal counsel as required.
• Support Arbitration and Alternative Dispute Resolution procedures.
• Oversee, manage, direct, and support project commercial teams to optimize project returns.

Claim Management

• Identify opportunities for outgoing claims.
• Develop claim strategies.
• Prepare notifications and supporting correspondence.
• Negotiate and settle outgoing claims.
• Analyse incoming claims.
• Develop defense strategies.
• Prepare responses and supporting correspondence.
• Negotiate and settle incoming claims.
• Collect and register all claim-related documentation within the company's claims repository.

Supplier Relationship Management

• Manage supplier escalations and claims.
• Develop supplier relationships according to supplier segmentation expectations.
• Support supplier relationship management to ensure reliable, high-quality supply.
• Support supplier performance, compliance, and accountability through supplier scorecards and performance metrics.
• Participate in periodic commercial audits of major contractors.

Stakeholder Management

• Identify and engage with internal stakeholders, including:
  • Project Management
  • Global SGIE
  • Global Procurement
  • Corporate Functions (primarily Legal and Finance)
• Clarify stakeholder requirements.
• Drive proactive communication across all stakeholders.

Education

Required

• Bachelor's Degree (BSc/BA) in a commercial discipline or equivalent.

Preferred

• Master's Degree (MSc/MBA) or equivalent.
• Good technical understanding and commercial knowledge.

Work Experience

• Minimum 10 years of relevant experience with major contractors or consultants in:
  • Project change procedures
  • Cost management
  • Claims and variations
  • Contract negotiation
  • 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.
• Experience overseeing, sourcing from, or working for EPCMV/EPC contractors.
• Experience operating at a senior level on major projects or as a Commercial/Claims Manager within a large construction company.
• Experience in a regulated industry (Pharmaceutical or Food) is advantageous.

Skills

• Business and financial acumen.
• Contract strategy and execution.
• Strategic sourcing expertise.
• Procurement and sourcing experience for large CAPEX projects.
• Strong understanding of:
  • Construction technology
  • Construction sequencing
  • Construction practices
• Exceptional analytical and problem-solving skills.
• Demonstrated project management skills.
• Experience developing and implementing sourcing strategies that deliver measurable business results.
• Ability to work cross-functionally within project teams.
• Experience working with EPCMV contractors.
• Knowledge of:
  • Commodity management
  • Supplier management
  • Contract management
  • Procurement negotiations
  • e-Procurement systems
• Strong research, analytical, and recommendation skills.
• Excellent negotiation and influencing skills at an international level.
• Experience managing global internal and external stakeholder relationships.
• Experience with international commercial contracts and agreements.
• Strong interpersonal and communication skills with the ability to build effective business relationships and work within multifunctional teams.