Our client is looking for a Commercial & Contracts Manager, this role involves  working closely with the development team, the delivery team and the investment management team. Reporting to the Director of Procurement & Contracting, the successful candidate will be responsible for leading all supply chain and construction contracting activities within the EMEA region to ensure the business can deliver on its objectives to develop and build out a significant BESS portfolio in EMEA .  The Commercial & Contracts Manager will be part of a wider project team to scope packages of work, run commercial tenders and seek and negotiate new partnerships across the project lifecycle for the whole pipeline of projects in EMEA.
 
Responsibilities

• Determining the right construction contracting and procurement strategy, leading on the engagement and negotiation with external suppliers and project partners to ensure the project goals are met
• Ensuring all construction contracts achieve maximum commercial value for the project whilst meeting strict bankability requirements to ensure an optimised capital re-cycling programme can be achieved, 
• Leading tender processes for EPC/ BESS/ BOP work packages and evaluating responses; ensuring technical and financial capabilities and credit reviews are considered
• Leading supply chain liaison efforts in EMEA for our existing relationships and developing any necessary new partnerships with suppliers  
• Leading construction negotiations with EPC/BESS/BOP suppliers (agreeing full contracts from Heads of Terms through to finalised contracts and schedules, including reviewing engineering requirements and warranty terms) and generally driving the projects towards financial commitment by securing a suite of comprehensive construction contracts that deliver long term value for the asset 
• Leading the negotiation and execution of service and maintenance agreements; ensuring the company is protected and terms are fully bankable. These contracts need to be delivered at financial close (NTP) of the project 
• Rigorously controlling the timeline to complete construction contracts and liaising with the wider projects and delivery team to ensure NTP and COD timeframes are aligned; this may require Limited Notice To Proceed / Early Works Agreements which you will be fully responsible for negotiating and executing 
• Liaising with the Global Procurement / Contracts team to ensure global alignment on key construction contractual terms; particularly across liquidated damages and warranties 
• Liaising with the BESS technology team to ensure global alignment on technology trends 
• Liaising with the investment management team to undertake gaps analysis, security package assessment, respond to project finance queries regarding the treatment of risks in the contracting suite ahead of financial close 
• Co-ordination and budget management for use of external suppliers e.g external legal counsel 
• Provide contract management and administration advice and support to the delivery team during the construction phase ensuring projects are executed in accordance with the contract and helping the projects to achieve their stated goals (HSE, budget, programme, quality). This will include advising on any variations, contract amendments, processing securities, management of claims and disputes etc. and providing updates on the status of claims to project financiers and the management and board. 
• Supporting the wider team with all construction contract related tasks required to progress BESS development activities; including (but not limited to)
• due diligence processes for project financing;  
• strict timeline management of the construction contracting programme which is fed through to the team to ensure alignment of delivery;  
• budget clarity on both near final contracts and early stage quotes;  
• liquidated damages review alongside any revenue offtake requirements;  
• any BESS warranty cycling restrictions alongside revenue offtake agreements; and  
• noise restrictions of the planning permission aligning with BESS product

 
 
Requirements  

• You will bring extended expertise and professional experience in construction contract development and negotiations on long-term infrastructure projects, preferably gained in an international context in the energy sector (BESS experience preferable, not essential).  
• You will have extensive experience in both construction and operational debt financing of energy projects, and have good detailed understanding of the contractual requirements in order to raise external finance for our projects, as well as a proven track record of delivering contracts to meet these needs. This should include experience in delivering clear due diligence reviews (working alongside an external Technical Advisor) to potential new financiers of construction and operational projects. 
• Your experience in English / Scottish law construction contracts including CDM along with a strong sense of responsibility, self-confident manner, professional communicative skills, and high level of flexibility and ability to cooperate with project partners in a constructive manner will hold you in good stead to be successful in this role.
• European language skills and experience of delivering contracts in Europe will be highly advantageous to your application.

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