We need to urgently appoint a contracts manager for a duration of 18 months FTE as part of the construction period for newly acquired windfarm.
It should be noted that the candidate which will be considered for the position should have specific experience within the renewable energy space split contracts during the construction phase.
AREA OF RESPONSIBILITY
The Contracts Manager is responsible for overseeing all contractual matters throughout the project lifecycle to ensure compliance, risk mitigation, and the successful execution of agreements. This role involves managing contracts from negotiation and drafting to execution and close-out, ensuring that all parties adhere to the agreed terms, timelines, and budgets. The Contracts Manager plays a critical role in aligning project objectives with legal and regulatory requirements, while fostering strong relationships with contractors, suppliers, and stakeholders to achieve the successful completion of the wind farm construction within scope, schedule, and budget.
KEY RESPONSIBILITIES:
Contribute to the project management processes:
- Contributing to updating the risk and opportunity matrix of the project, focusing on the execution of the various contracts and the corresponding mitigation measures,
- Support the draf ting of the Project Management Plan.
Key Contracts (many of these typical to Project Finance type projects):
- Wind Turbine Supply Agreement
- Balance of Plant Agreement (this covers electrical and civil balance of plant, and there is separate electrical subcontractor in this case).
- PPA
- Eskom Connection Works
- Facility Agreements plus all the direct agreements with each party).
- Lease Agreement
- O&M Agreements (also divided into turbine and balance of plant)
- Owners Engineer and Independent Engineer Agreements
Administration of the different contracts:
- Administrating the main contracts and sub-contracts by collecting and keeping records of facts and events; maintaining a register of correspondence, minutes of meetings, etc.; ensuring that proper document management is in place to support such filings;
- Monitoring the issuance and validity of the bonds and other security and implementation of (calling on) guarantees/security;
- Monitoring the interfaces between the different contracts to anticipate and mitigate potential impacts f rom one on the other;
- Organizing periodic contractual review meetings,
- Contributing to the monthly progress report of the Head Of Operations;
- Draf ting contractual letters to the clients, partners, contractors, and sub -contractors;
- Identifying and documenting discrepancies between contract performance and related provisions of the contracts, and breach or lack of consistency between contracts ;
- Following up on the performance of the suppliers and contractors and keeping the Category lead buyers informed as appropriate;
- Document Management System: Agree with the Head Of Operations, CD, and Project Administrator on a suitable document management system to sort and arrange project documents in a user-friendly manner; such documents include: all contracts, letters, emails, and Claim registers; and
- Permanently support and reinforce commercial and contractual awareness amongst all employees.
Control and manage change orders:
- Supervising implementation of the change orders procedure;
- Challenging change orders requests, participating to their validation;
- Updating the change orders register;
- Controlling implementation of agreed change orders;
- Manage claims in relation with the Project Company's lawyers and external lawyers;
- Draf ting notifying and defending claims in a proactive manner;
- Coordinating the investigations for claims received;
- Preparing counterclaims and negotiates with the counterparties;
- Participating in litigation processes and court proceedings;
- Liaising with the Category lead buyers, particularly with regard to key contractors and suppliers that are monitored at the Group level (Supplier Relationship Management);
- Familiarity with all the project contracts and agreements that are related to the construction activities with the objective to maximize the benefits from these contracts and comply with the Project Company's obligations. The main Contracts are the EPC Contract or Split contract (Equipment and Balance of Plant) as the case may be, and the Power Purchase Agreement. Other related Contracts may include, but are not limited to:
o Various Interconnection Agreements - electrical grid, Implementation agreement, self -build agreement etc;
o O&M (Operations & Maintenance) contractors' agreements ;
o Various Service Level Agreements;
o Owner's Engineer Agreement;
o Independent engineer Contract; and
o Other services, material or equipment supply contracts related to the construction plant.
Responsible for producing reports. This will include amongst others:
o Monthly Reports;
o Change orders reports;
o Claims and counterclaims inputs to the Head of Operations; and
o Any reports required by the Head of Operations, Lenders, Insurance, or any contractually required reports to the off-takers or authorities.
