Africa South Africa

The purpose of this role is to provide legal and commercial support to the Asset Management team, comprising Socio Economic and Enterprise Development, Finance, Engineering and Operations. You will draft and review contracts, including the intent, implications and you will ensure practical implementation and agree execution with third parties, including renegotiation where applicable. You will participate in the process of securing new providers and suppliers, across all spheres of the operations business

 

Key responsibilities:

  • Oversee contracts placements for the Projects from the time of COD.
  • Be familiar with relevant terms and conditions of the suite of Project Documents, including Senior Facility Agreement, Turbine service agreement and Balance of Plant maintenance agreement; and provide commercial support related to effective execution of these contracts.
  • Work with Asset management team and jointly negotiate with Contractors and Third Parties to reach best suited outcomes on operational agreements placed at Financial Close.
  • Work with the team, ensuring that all insurances etc. as well as contractual risk mitigating procedures and processes are in place before operations commences.
  • Assisting Economic Development Managers on ED matters, i.e. Implementation Agreement and DoE requirements.
  • Undertake performance health checks on each contract and issue Traffic Light Report on non-conformance and action improvement implementations.
  • Involvement in handover and take over process from Construction to Operations.
  • Oversee all types of Contractual correspondence within the projects from and to all contracted parties.
  • As needed, provide guidance on contract matters to Plant and Economic Development Managers, including training to new Plant Managers and other employees in contracting procedures.
  • Develop and implement procedures, policies and standard reporting templates for contract management and administration in compliance with company policy.
  • Work with risk management department to coordinate contractual insurance requirements.
  • Work with finance to ensure adherence to broader finance and risk requirements such as revenue recovery, compliance with finance agreements, Risk and Finance Committees.
  • Oversee the implementation of contract terms and conditions on all project agreements (including Implementation Agreement, PPA, O&M Contracts). Develop commitments register and actively monitor Project Company commitments across all agreements.
  • Ensure that every project works to the approved contract procedures and completes each register and proforma as the contract progresses. As a minimum this will include:
    • Correspondence log
    • Claims event register
    • Programme acceptance
    • Sub-contractor approval
    • Disallowed cost register
    • Asset register
    • Commitments register
  • When applicable, review all tenders during the formal page turn to ensure complete scope of works and interfaces are covered. Ensure all contracts have detailed sectional completion dates, delay damages etc.
  • Mentor and coach the Asset management team in contract administration best practice and the appropriate use of the terms and conditions.
  • Within mandate, liaise with legal counsel on any potential litigation issues; after considering and presenting the best course of action as proposed by the business
  • Coordinate any potential Insurance Claims.
  • Review KPIs of key activities, highlighting good practice and corrective actions.
  • Review compensation events to ensure appropriate cost and time evaluation.

The ideal candidate will have:

  • Completed LLB (or similar) qualification
  • Minimum 5 years experience at a similar level (this position is not suited to a graduate)
  • Significant experience in contract management across different spheres/ disciplines including understanding and communicating intent and implications to non-legal team members as well as renegotiation of contracts.
  • Knowledge of engineering, procurement, contracts, construction and commissioning processes would be advantageous
  • The candidate must be fluent in English; fluency in other languages is considered an advantage.
  • Strong project management skill set required including contract management, contract administration, scheduling, planning, financial control and management.
  • Excellent written and oral communications skills.
  • Candidates should be capable of managing internal and external resources.
  • Ability to use Microsoft software as well as specialist software packages such as D, MS Project and SharePoint.
  • We are looking for a candidate that can assimilate complex information, who can support a diverse and high-performing team in demanding environment.

 

This position will be based in Cape Town, with some national travel required.

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