Job ID 14893
Commercial Associate required for a leading Offshore Wind Farm developer, based in Scotland
- Lead the process to complete the drafting of, negotiate, agree and execute one or more works contracts for the project.
- Be the main point of contact between project and the contractor and drive the process to a conclusion.
- Ensure the context within which the contract needs to be negotiated is understood and taken account of at all times including: the overall contracting strategy of the project, time, budget and other constraints of the project during the negotiation and works phases, the relative market positions of the project and the contractor, the interfaces with other packages and the history of the procurement to-date for that contract.
- Review the existing contract documentation and prepare a plan for activities up to execution of the contract, including internal approvals and other reviews (eg with lenders).
- As necessary, draft new, or update existing, schedules and other documents forming the contract (in a manner so that the intent is clear and unambiguous) or ask other teams within the project to prepare drafting
- Investigate commercial matters that are specific to that contract (eg tariffs from a specific jurisdiction) and advise and seek approval for measures to manage them.
- Exchange mark-ups of documents with the contractor and agree amendments to these (under the 'four eyes' approach) such that the documents are each agreed between the parties.
- Liaise with other teams within the package and across the project including commercial, legal, technical, finance, insurance, H&S, O&M and project controls.
- Seek proposed drafting from them for specialist aspects of the contract document.
- Test proposals with them before submitting them to the Contractor.
- Seek their view on proposed drafting submitted by the Contractor.
- Critically review and test all input from others across the project.
- Arrange and lead meetings with the Contractor to discuss and agree the contract documents.
- Invite others from the project as required.
- Ensure that the various documents that comprise the contract (including conditions. Employer's Requirements, programme and pricing) are compatible and work as a whole, and that the interfaces with other packages have been considered, understood and provisions included in the contract to manage them where applicable.
- Provide input to the project controls on programme and capex as required.
- Comply with the project's Contract Management Plan and relevant policies procedures.
- Seek authorization from the Package Manager and/or Head of Commercial before proposing or agreeing key commercial matters with the Contractor, for example where the risk allocation may diverge from the base project or usual market positions.
- Provide reports on progress as required within the project.
- Prepare papers needed for internal and stakeholder approvals and reviews (including with the project's senior management, the project's board, sponsors and lenders' advisers) and attend meetings and make presentations are needed.
- Ensure good record keeping and filing to enable monitoring of the status of the overall negotiation and to record key approvals and communications.
- Following execution of the project set up the systems for managing the contract and brief those who will be managing it or need to understand key mechanisms within it.
- A degree in a relevant discipline, or with proven experience and competency in the field of offshore wind procurement and contract management.
- Industrial experience in procurement and contract management of large works contracts (ideally for foundation fabrication, transportation and installation) for offshore wind.
- Understanding of the main contract forms used in large offshore wind works contracts.
- Understanding of the FIDIC yellow book form.
- Understanding of the law around contract interpretation to ensure the intent in the drafting is clear and unambiguous.
- Understanding of health, safety and environmental issues as relevant to procurement and contract management.