Contracts Manager
ABB
Total years of experience :15 years, 10 Months
Contract Manager of the Business Unit for UAE. All pre-award and post-award contract management. Bid Review, contract execution, claims, change order, an extension of time, contract amendment, final account, settlement agreement and final contract closure with customer and sub-contractor.
Prime Contract Manager for EPC of a 200 MW and 150 MW Solar Thermal Power Plant in Morocco
1. Post Award Contract administration
a. Contract governance
i. To ensure that project is being executed as per the conditions of contract and it is being in compliance with company’s policy of contract management.
ii. Guide and mentor project manager during the life cycle of the project on all contractual issues, claims, change order and compliance issues.
iii. Protect rights and remedies ensure margin is maintained.
iv. Imparting training to project team about contract management function.
v. Conducting workshop to share lesson learned and best practises among contract management community of the company.
vi. Conduct spot checks of small project to assess compliance to contract management function.
vii. Coordinating with legal team in case legal risk is envisaged.
b. Contract Review & Analysis
i. List contractual rights, roles, responsibilities and obligations of customer, contractor and third parties under various conditions of contract to substantiate claims
ii. Identification of contradictory and ambiguous clauses.
iii. Listing of all liabilities under the contract and potential implication in case of failure.
c. Contract Strategy
i. Exchange of important information and experiences about all stakeholders.
ii. Identification of potential claim and change orders.
iii. Listing of claim and change order procedure as per contract.
iv. Determination of interactions and communication with the customer, suppliers and partner.
v. Adoption of concrete procedure and responsibilities for defending incoming claim and asserting outgoing claim.
vi. Definition of decision making and escalation channels.
d. Risk Management
i. Identify risk and its potential impact under the contract and update it in risk register.
ii. Suggest mitigation measures for the risk to Project team and ensure its implementation.
e. Drafting sub-contract agreement
i. Analysis of main contractor contract agreement and drafting back-to-back sub-contract agreement for transfer of liabilities and risk to the sub-contractor.
f. Claim and Change order Management
i. Claim analysis and assessment/making of extra work, acceleration cost, prolongation cost, extension of time, interest claim, price escalation, delay etc
ii. Contractual and legal notification of above claims
iii. Negotiation of claims and final account settlement.
iv. Issue of Change request and analysis of incoming change request.
2. Pre Award Contract administration
a. Evaluation of ITB/ITT and other conditions of contract to identify risk and opportunities.
b. Listing of deviations required from customer to mitigate the identified risk.
c. Assessment of indemnity bond and bank guarantee conditions.
1. Claims Management
a. Lodging of Insurance claims and back charging the contractor.
b. Exported and Re-imported offshore material for damages done by contractor during material handling and successfully lodged claim on contractor by substantiating the claim with documental and photographic evidence.
c. Successfully lodged claim on contractor for damaging water wall panels because of wrong storage plan by contractor.
d. Prepared claim on contractor for delay in unloading of material at site.
e. Filing of all insurance claims from site including Co-ordination for survey.
f. Filing of claims on concerned party for NCRs.
2. Revenue Management
a. Cash Inflow
(i) Preparation, submission and approval/amendment of BBU.
(ii) Co-ordination of PAC and CEA Undertaking from client to avoid any tax liability (Excise duty).
(iii) Ensuring timely endorsement and submission of LR.
(iv) Successfully filed refund of Terminal Excise Duty paid on material supplied by vendor.
(v) Timely certification of material receipt for realisation of receipt payment.
b. Cash Outflow
(i) Ensuring GRNs are done on time.
(ii) Invoice verification of CHA payments.
3. Management of Deliverables
a. Co-ordinating for timely communication between LMB-Client and LMB-Contractor related to availability of fronts and deliverable in their scope. Also acting as repository of these communications.
b. Co-ordination between site package owner and PMG for ensuring timely delivery of materials and drawings as per construction plan.
4. Risk Management
a. Worked on preparation of Contract Risk Register for Engineering, Procurement, Construction, Contractual, Financial and HSE risk
b. Periodic inter-department review meeting for identification of new risk
c. Periodic updating of risk matrix.
Responsibilities
1. Management of Receivables
a. Preparation, submission and approval of various project commercial documents such as Billing Breakup, Project Authority Certificate, Essentiality Certificate, High Sea Sales Agreement, Payment Certificate etc.
b. Follow-up with client for timely certification and payment of bills.
c. Co-ordination with different departments within the organization for providing any input required for certification of bills.
d. Preparation and updating MIS Report of Project Receivables of entire Project.
e. Preparation of monthly contracts management & financial report to management
f. Preparation of periodic invoicing plan and cash collection plan of the project based on AOP.
2. Periodic Management Review of Project
a. Presentation of monthly commercial review of project to the management.
3. Co-ordination for Project Securities
a. Keeping track of all indemnity bonds and timely renewal of all Bank Guarantees
(i) Ensuring timely renewal of BGs submitted to client to avoid commercial setback.
(ii) Ensuring that timely communication is passed to vendor for renewal BG if required.
4. Communication with Client
a. Letters to client on contractual matters
b.Weekly exceptional reports to client
5. Preparation of Techno-commercial offer of spares
a. Prepared and submitted techno-commercial offer of recommended spares .The contract was finally awarded and then expedited the supply of spares to site, handing over to client, billing and realisation of payment.
6. Extra Claims on client
a. Prepared and submitted extra claim to client as well as contractor under the guidance of Project Manager.
(i) Extra Claim on Client for excavation of extra earth in raw water reservoir and bituminous painting in the interior of NDCT.
(ii) Extra Claim on BTG supplier and erection supervisor for non-compliance of various NCRs.
b. Submission of interest claim to client for delay in certification and payment of bills.
7. LD /Recoveries on Contractors/Suppliers
a. Filed Liquidated Damages to BTG supplier for delay in completion of supplies.
b. Filed recovery on BTG supplier for non compliance of NCRs.
c. Review of supplier performance of delivery of goods as per the conditions of contract and preparation of approval note for
(i) Recovery of applicable LD
(ii) Release of applicable retention payment
8. Time Extension
a. Worked with the team entrusted with preparation of Time Extension case. Prepared documental evidence to substantiate delay solely attributable to client and under Force Majeure.