4 October 2022
Industry: Mining & Quarrying
Job category: Contracts Management
Remuneration: Market Related
EE position: No
Kico is looking for a suitably qualified and experienced Commercial Manager to join our dynamic team in Sandton.
Purpose of the Job:
Commercial Manager ensures high level of support service to internal departments for contract and tender document drafting, tender reviews, negotiating, preparation, administration, procurement and applying an ethical, efficient, risk managed, consistent and cost effective approach at every stage of the process.
Key Responsibilities and Related Tasks
- Coach and inform resources of best practice methods.
- Compliance, Governance and Assurance - Assess, audit and ensure compliance with all statutory requirements
- Advise on contract strategies before a request for tender documentation is compiled.
- Review and comment on tender documentation.
- Advice on tender qualifications.
- Identify risks and contract shortcomings and develop contractual particulars and enquiry documents accordingly.
- Attend monthly commercial meetings on site with site contractors and EPCM contractor
- Review and comment on contract agreements.
- Attend and finalise contract negotiations (where required).
- Administer EPCM contract. (draft contractual letters, ensure contractual requirements are monitored ect).
- Review and agree on Guarantee wording.
- General commercial and contractual assistance and advice on both EPCM managed contracts as well as Client managed contracts.
- Review and advise on claim strategies and contractual correspondence.
- Assist with Weekly, Monthly, Quarterly and Annual reports
- Set good personal examples on safety and health issues.
- Draft ad-hoc bespoke contracts for scope outside of the FIDIC suite.
- Provide general legal advice to the project team.
- Assist with any arbitration or litigation processes.
Working conditions that may have an influence on the job
- Willingness to travel regionally and internationally on short notice.
- Communications between remote offices (DRC) in other geographical areas.
- Management and coordination of consultants based in South Africa and abroad (China).
The following degrees would be preferred:
- Law degree (with technical knowledge and experience with FIDIC contracts)
- Quantity Surveying (with contract law knowledge and experience with FIDIC contracts)
Legal/Professional registration required
- Qualified Quantity Surveyor; or
- Admitted Attorney or experience as a legal advisor; or
- Member of the Association of Arbitrators of South Africa.
- 5 – 10 years’ experience in Contract Administration/Management capacity in the building, construction or mining sectors
Minimum skills required
- Contract drafting
- Compiling constructions claims
- Analyzing BOQ rates and quantum submissions of claims
- Application of SANS 1200
- Administrating the commercial aspects of construction contracts
- Drafting legal correspondence
Ideal skills required
- To be fully versed and competent in FIDIC and NEC construction contracts and the administration thereof.
- Reflects high degree of independent and creative judgment applied to highest-level goals and objectives of the Company.
- Reflects significant technical knowledge of process based projects/interface management.
- Good background and expertise on EPCM Projects in international environment specifically on mining type of Projects.
- Good knowledge of engineering/construction industry practices, procedures, and work practices.
- Should have strong skills in contracts management, administration and negotiation of change orders/claims.
- Experience in the mentoring and development of Congolese staff within the contracts team.
- Sound understanding of relevant business, legal system, company law, immigration, manpower, tax, importation, and mining regulations.
- Well-developed computer skills to be able to implement and maintain effective processes and procedures.
- Strong analytical capabilities and negotiating skills, sound business sense, advanced English language documentation skills with high attention to detail.