Harith Kutubi, Partner

Harith Kutubi

Partner

Sharq Law Firm

Location
United Kingdom - Cardiff
Education
Master's degree, Engineering , Business Management and Contracts and Commercial Law.
Experience
35 years, 11 months

Share My Profile

Block User


Work Experience

Total years of experience :35 years, 11 months

Partner at Sharq Law Firm
  • Qatar - Doha
  • My current job since October 2014

Partner and Head of Construction Division @ Sharq Law Firm - Doha - Qatar.

Responsible for the department business development and management as well as leading the mandates undertaken to service our clients.

The Department role is focused on Construction and Commercial Contracts advisory and Procurement Strategies ( Pre & Post Award) including the optimization of governing modalities, negotiations, claims and disputes analyses and representations at mediation, litigation and / or arbitration levels.

The structuring of master development contracts, SPAs, DAs and the related sub-contracting Agreements

Our experience expends to advisory on PWPAs, SPAs and TSC for Power and Energy Production and Off -Take Agreements

Please visit the link below for details information about the firm.

www.sharqlawfirm.com

A. Director Commercial and Development Departments. at Barwa Group
  • Qatar - Doha
  • March 2012 to March 2014

Responsible for the management and closing out of the largest subsidiary developments of Barwa Group (Barwa City - by BILFINGER BURGUR and Barwa Commercial Avenue - by HOCHTIEF Eng. AG / HTSME) and sub-contractors .

The role required managing and leading the PM, CM and DM consultants for project close out including claims and VOs, carry out extensive negotiations with contracts and sub-contractors with rational negotiation strategies and contractual considerations in order to facilitate the completion and the transfer of assets / shares of these projects in line with the acquisition deal with Qatari Diar.

Achieved a remarkable close out on claims and outstanding disputed variation orders on BCY with reduction in access of 65% and recommended an approximately 47% reduction on BCA from the contractor’s claimed value with substantiated report ready for referral to the DAB under FIDIC governing contract.

Assigned to Barwa’s subsidiary “landmark” Development (Barwa Financial District / Qatar Petroleum District) advising on complex aspects including the project strategic execution planning and related board and management decisions. Stakeholders and contractor’s negotiations, claims, VOs and tendering processes to facilitate the completion of the base design Contract with Bouygues Bâtiment International (BBI - JV ) in preparation for the fit-out stage.

www.Barwa.com

Executive Commercial and Contracts Consultant at Private
  • United Kingdom
  • February 2011 to February 2012

Provide counsel and recommendation to Iraqi Investment Commission on IWPP projects structuring and the related electricity off take agreements including gas supply agreements, land lease agreements, the PWPA and the rationality and risks associated with the pass-through items proposed by the Independent Power Providers as well as the short term Power purchase agreements signed with neighbouring countries.

Provide counsel on major residential developments tendered under the BOT and PPP models, including Feasibility Studies, the governing Development Agreements, Land lease Agreements, Title Deeds ownership and transfers to sub developers, Finance Agreements, Development Guarantees, Usufruct Agreements, Sales and Purchase Agreements, Utilities/Services Agreements, Facilities Management Agreements all as a comprehensive package to assure the development is controlled and in progress in accordance with the master plan criteria and the design requirements, quality and sustainability.

Provide analyses to the Ministry of Oil / Federal Oil and Gas Council on contracts structures, fiscal regimes and legislations related to the oil and gas PSAs, SLAs and SCAs. Working in difficult environment and circumstances with transparency and practical commercial recommendations to best protect the interest of the NOCs and the state.

Presented awareness sessions, public and parliament members levels, on the Iraqi 2007 oil and gas law for a clear understanding and objective debate to assure vote for change of the legal framework approved by the council of ministers and yet not consented by the Iraqi parliament.

Provide counsel on commercial viability issues, tenders preparation, negotiations, finance structuring, establishment of Joint Ventures, advice on the implementation of the appropriate business modality and the selection of an optimized legal framework with intensive focus on deliverables sustainability to insure practical and successful implementation of the projects milestones through the formation of practical business models and comprehensive contractual terms. Reviewing and endorsement of all contractual and legal documents related to the business functions.

Chief Business Development Officer and Deputy CEO at Energy City Qatar, India and Libya
  • Qatar - Doha
  • March 2008 to May 2010

• Energy City Qatar, India and Libya (March 2008 - May 2010)

Role: Chief Business Development and Contracts Officer (EC Qatar) and Deputy CEO Business
Development (EC India, Kazakhstan & EC Libya)

Leading the business development department and functions of Energy City Qatar, Libya, Kazakhstan and
India, Identifying opportunities, evaluating feasibility studies, creating business partnerships,
preparation of revenue strategies, carrying out executive negotiations with related partners of government investment authorities and execution of business models with clear and legitimate
performance contracts in place;

Energy City Qatar: Chief Business Development Office (reporting to CEO): Initiated, negotiated and successfully structured the operational JVs with well-known international service providers in facilities
management, green material building supplies, green buildings and LEED consultancy, district cooling
supply and off-take agreements (Suez and Partners), data center lease and operations contract (Qtel,
AT&T and Navlink) . Negotiating and concluding the sub-developers SPAs, the headquarters construction and consultancy contracts, the business district holding company PPM (Caiman) and the related
transactions.

Energy City Libya: Deputy CEO / Business Development (reporting to BOD): Responsible for Energy City
Libya feasibility studies, assessment and verification as presented by the owner. Preparation of business
models with recommendations for BOD approval, negotiating the land lease agreement with Al Nikat Al
Khams Company and the partnership and sponsorship agreements with ESDF (representing the government of Libya) . Leading the finance and equity agreements, the development agreement, utilities
supply agreement, master planning and land usage feasibility assessment and the related zones (SPVs)
structuring, equities and registration. The role also included allocation and of potential investors and partners such as the Chinese African Investment Fund, the Sovereign local entities, sub developers and
banks.

Energy City India: Deputy CEO / Business Development (reporting to the steering committee
representing the BOD): Responsible for following up, negotiating and advising the owner on the land
acquisition progress, special planning and master plan alternative proposals as well as the feasibility
elements in comparison with the original business model structured under the PPM for finance and fund
raising purposes. Negotiating the power supply agreements, structuring (with the appointed legal firm) the appropriate sub-developers draft of the sales and purchase agreement (SPAs) and attending to all
other business related matters for evaluation and decision making.

www.energycity.com

Contracts Advisor at Qatar General Electricity and Water Corporation
  • Qatar
  • June 2005 to March 2008

(KAHRAMAA) Qatar General Electricity and Water Corporation - Qatar (June 05 - March 08)

Role: Contracts Advisor
Responsible for advising on the contracting strategies of major multibillion projects in the State of Qatar
e.g.- (KAHRAMAA), distribution and transmission network expansion "EPC" Contracts - (Phases 6, 7 and 8) as well as the PWPA on the "BOT" power generation and water desalination agreements e.g. (RLA-
Mesaieed Project/A, Ras Girtas, RAF A1 and the Gulf States Interconnection Agreement. The role included
providing advice and approval on the tendering strategies, evaluations, negotiations and awards as well as the PWPA contractual and commercial aspects.

Member of Kahramaa team throughout the process of negotiating the PWPAs terms with QP, QEWC, the awarded developers and lenders.



Follow up on the projects development, liaise with the consultants and the end user departments to ensure progress adequacy with the project schedule and to avoid unnecessary disputes. Mediate
efficiently to close pending issues (in accordance with the contract terms and conditions), deal with variation order processes, additional works, progress certifications e.g. (NOSP, TOC, FCC) and invoices with a strong ability to lead issues and proactively obtain resolutions to problems throughout the execution stage.

Developed and implemented new economical and EPC contracts strategy models by adaptation of balanced commercial protocols and market references. The above role included carrying out economic
analysis based on historical database and providing advice on the application of International references,
market indexes and contracting cost reduction techniques, e.g. the currency and LME formulas, advanced
mitigation of contractual risks and the implementation of practical engineering approvals new processes.

Business Development and Contracts Director at Merlin Ltd
  • United Kingdom - Cardiff
  • January 1995 to April 2004

Merlin Ltd. (95-04)
Role: Business Development and Contracts Director

Executive business development director and contracts negotiator, acted on behalf of the employer on developing business channels for EPC rehabilitation projects and supply chain contracts under the United
Nations / oil for food program-MOU, EC funding programs, the DTI and other business commissions
worldwide for Iraq and Libya.

Responsible for leading the analyses of the received tenders and ensure that technical specifications
required are clear, commercial terms and legal provisions are reasonable to proceed with, and to highlight concerns for consideration during the bid preparations to safeguard the company's interests in the deal.

Liaise with other colleagues to select best resources, obtain supplier's pre-qualification documents and quality assurance certificates, initiate contracts, study and analyze the offers received including technical,
commercial and legal aspects, obtain clarifications, evaluate and select the best offers for recommendation.

Check and approve the final bidding documents for submittals and follow up on presented bids
supported by appropriate measures and negotiations to secure the award and close deals.

Guarantee the completion of the main certifications and approvals required by the UN (Rehabilitation
Programs), third party inspectors e.g. SGS, Kotecna and the EEC - Export License Office and DTI - London.

Check that letters of Credit received are accurate and in accordance with the terms and conditions of the contract. Prepare back-to-back award orders and the relevant contractual document for suppliers; obtain
necessary approvals with direct supervision to administrative, contractual, scheduling, training and delivery process. Applying continuous cost reduction policies and provide the established computerized
database with information to update the approved list of manufacturers / products and perform
specialized feasibility studies to maintain economic models and to assess short-term and long-term
demand forecasts and pricing.

Preparations of forecasts and recommendations to evaluate capital investment planning for all the contracts and evaluation of opportunities and major risks

Principle Coordinator / Engineer at Sonning Int. Ltd
  • January 1991 to December 1994

• Sonning Int. Ltd. UK - ME (1991-1994)

Role: Principle Coordinator / Engineer
Responsible for the co-ordination of the suppliers and resources to the construction projects and commercial deals assigned. Monitor resources, equipment and materials to maximize efficiency and
ensure timely completion of projects and adequate delivery with budget.

Regularly monitor and review correspondences with project and procurement managers to ensure that
all work tasks are successfully completed within the time scale.

Monitor the allocated trading accounts to identify that the revenue/cost balance is controlled and profit
targets are achieved. Promote efficient cost-effective methods of working.

Project Engineer at Engineering Developments Ltd. & SUMEC International Group
  • January 1986 to December 1990

• Engineering Developments Ltd. & SUMEC International Group (1986-1990)

Role: Project Engineer
Supervise and monitor construction works to meet the technical and quality requirements set by the planning and design teams. Provide on-site technical backup for contractors.

Draft technical reports for various structural surveys on existing buildings to ascertain the viability for commercial redevelopment. Hold meetings and site negotiations with planners, site acquisition agents,
landowners and contractors in order to produce an overall suitable engineered solution.

Carry out and complete complex tasks, both individually and in collaboration with other design team
members within the deadlines set by client in an environment of creativity and constant challenge.

Education

Master's degree, Engineering , Business Management and Contracts and Commercial Law.
  • at Cardiff
  • July 1986

BSc Civil and Construction Engineering. MBA. Masters Business Administration and Management. LLM. International Commercial Law : Contracts Law, International Banking Law , International Oil and Gas Law , Construction Law.

Bachelor's degree, Engineering
  • at University of Mosul

BSc. Eng. Civil and Construction Engineering, University of Mosul/Iraq

Master's degree, Business Administration
  • at University of Wales

MBA (Masters in Business Administration), University of Wales / UK •

Master's degree, Law
  • at Cardiff Law School

LLM (Master of Law- International Commercial Law), Cardiff Law School - University of Cardiff / UK. • MCMIOB: Member of the Chartered Management Institute of Britain • ICCMI: Member of the International Contracts and Commercial Management Institute. • •

Specialties & Skills

Senior Executives
Energy Sector
Financial Projections
Negotiating Contracts
Business Development
BSEE/SUPPLY
BUSINESS DEVELOPMENT
CONTRACTS
COST REDUCTION
DATABASE
FEASIBILITY
FORECASTS

Languages

Arabic
Expert
English
Expert

Memberships

MCMIOB: Member of the Chartered Management Institute of Britain
  • Member
  • April 2003
ICCMI: Member of the International Contracts and Commercial Management Institute
  • Member
  • April 2010
Member of the Iraq Civil and Construction Engineers institute
  • Member
  • July 1986

Hobbies

  • Swimming , Reading and Classical Music