Manash Kaushik LLM MRICS MCIArb

I am currently here as the Lead Contracts and Commercial Manager of the PMC, reporting to the Project Director. I undertook the following responsibilities:

Contracts and Commercial Management:

 Lead the Contracts and Commercial team on behalf of the Client, providing strategic oversight and governance across all contractual and commercial matters.
 Ensure Contractors’ full compliance with their respective Contracts, including verification, management and monitoring of their deliverables such as insurances, bank guarantees and parent company guarantees.
 Review/Draft day-to-day contractual correspondences, notices and Engineer’s Instructions to Contractors.
 Manage the Client’s Change Request process, including preparation of cost estimates, drafting Engineer’s Instructions, reviewing Contractor’s proposals, leading negotiations and finalising Contract Amendments and Variation Orders.
 Review Contractors’ Claims and prepare/review independent claim review reports advising the Client on entitlement, liability and quantum, together with clear recommendations on the appropriate course of action.
 Liaise with stakeholders to develop strategies for responding to Contractors’ Claims and developing Counter Claims where applicable.
 Review and certify Contractors’ Interim Payment Applications, ensuring contractual compliance, accuracy of valuation, and alignment with project controls.

I worked here as the Contracts Manager of the PMC, reporting to the Project Director. I undertook the following responsibilities:

Procurement and tendering:
 Formulate and finalize procurement and tendering strategies/plans in liaison with the concerned stakeholders for various high-value consultancy and construction packages and seek tendering/steering committee’s approval.
 Propose suitable payment models and pricing mechanisms aligned with the Client’s preferred Procurement Strategies/Plan.
 Manage the end-to-end tendering process, including EOIs, prequalification, tender issuance, clarifications, evaluations, negotiations and preparation of Tender Evaluation Reports with recommendations.
Contract Formation:

 Manage the entire Contract formation process for various consultants and contractors, ensuring all tender clarifications and post-tender agreements are clearly reflected in the final contract documents.
 Finalise the Novation Agreement in liaison with the Client, Novated Contractor (Early Works Contractor) and the Main Contractor, when required.
Contract Administration:

 Review all Consultants’ and Contractors’ Insurances and Bank Guarantees for compliance and ensure timely renewals.
 Draft (and Review) day-to-day contractual correspondence/notices and Employer’s Instructions.
 Administer the Client’s Change Request process, including drafting Variation and Change Requests, reviewing Contractors’ and Consultants’ proposals, leading commercial negotiations, and preparing internal memoranda to obtain Steering Committee approval for issuing Variation Orders and Contract Amendments.
 Review Contractors’ and Consultant’s Claims and prepare/review independent claim review reports advising the Client on entitlement, liability and quantum, together with clear recommendations on the appropriate course of action.
 Liaise with stakeholders to develop strategies for responding to Contractors’ and Consultant’s Claims and developing Counter Claims.
 Advise and provide contractual support to Client in resolving disputes with Contractors/Consultants.
 Review Contractor’s Interim Payment Applications and PMC’s invoices.

Administering the Main Contract:

 Identification and leverage of contractual opportunities;
 Managing a team of Quantity Surveyors and Contracts Engineers;
 Supervise and review pricing of Change Order Proposals (COP) requested by Client;
 Drafting/reviewing day to day contractual correspondences, including notices and detailed proposal for Changes and detailed Request for Equitable Adjustment (REA);
 Evaluating quantum to be claimed for each REA, including Prolongation Costs thereof;
 Managing all Changes and REAs and recording their updated statuses in REA -Changes Log;
 Providing guidance on contractual matters to Project Operations team and ensure that they interprets and executes the terms and conditions of the Contract and subcontracts correctly;
Administering the Subcontracts:

 Monitoring subcontractor’s performance and issue instructions and notices in relation thereto;
 Adopting appropriate contractual measures to deal with cases of subcontractors’ serious non-performances, including, but not limited to, issuing Contractor’s Claims, levy of delay damages, termination of Subcontract etc., as required;
 Evaluating recoverable costs in case of Contractor’s claim or termination of subcontract and quantum of delay damages recoverable from the subcontractors at default;
 Reviewing and assessing Subcontractor’s claims for Extension of time, prolongation costs thereof, disruption etc. and drafting contractual responses in regard thereto;
 Developing defence strategies and preparing response to counter Subcontractor’s unjustified claims;
 Avoiding disputes by adopting a collaborative approach for claim negotiation and amicable settlement;

Administering the Main Contract:

 Drafting/reviewing day to day contractual correspondences to Client and Subcontractors;
 Reviewing MOUs, Contracts Amendments etc. proposed by Client and recommend necessary changes/amendments as appropriate;
 Analysing Client’s instruction and taking necessary contractual measures in relation thereto;
 Managing and controlling changes (Variations and Contractor’s Claims), which, inter alia, includes:
(1) Drafting notices for Early Warning, Claims and Variations and sending them timely to the Client;
(2) Drafting fully detailed and substantiated extension of time and costs Claims (interim/final);
(3) Formulating detailed Quotations for proposed Variations;
(4) Evaluating quantum to be claimed for each Claim, including Prolongation Costs thereof;
(5) Preparing defence to counter Client’s Claim;
(6) Liaising with Planning department for preparing Time Impact Analysis;
(7) Liaising with legal department for issues requiring legal reviews/input;
(8) Negotiating with Client for finalizing the Claims/Variations;
(9) Preparing and Maintaining Claim -Variation Log and Trend Register;

 Liaising with Finance department for timely adjustment of Retention and Advance Payment bonds to supplement Project cash flow;
 Represent the project in meetings and negotiations regarding contractual issues with the Client, JV partner or other (sub-)suppliers
 Providing guidance on contractual matters to Project Operations team and ensure that they interprets and executes the terms and conditions of the Contract, consortium and subcontracts correctly;

Administering the Subcontracts:

 Responsibilities were same as defined above, but also included the following:
(1) Drafting MOUs recording settlement of Contractor’s-Subcontractor’s Claims/commercial issues etc.;
(2) Evaluating financial, compliance or performance issues associated with assigned subcontracts and recommend appropriate actions to resolve.

Achievements:

I. Claims and Variations worth more than 370 Million QAR being accepted and awarded by Client;
II. Successfully formulated and implemented the Change Control Management Plan.

 Administering and managing the Main Contract and Subcontracts, with duties and responsibilities similar to as stated above;
Procurement and Tendering:

 Preparation of Tender packages in liaison with Cost control and Operations Team;
 Carrying out Prequalification of potential subcontractors;
 Floating RFQs (Request for Quotation) and carrying out Tender Evaluation;
 Negotiation with and Finalization of Subcontractors;
 Drafting and Finalizing LOCA/LOI/LOA and Subcontracts;

Project Financial Control & Reporting:

 Preparation/Review of Cost Reports and Cash Flow Statements;
 Preparing Cost Value Reconciliation

Achievements:

I. Claims and Variations worth 39 Million SAR being accepted and awarded by Client;
II. Successfully Subcontracted and closed Subcontracts worth 76 Million SAR;

 Administering and managing the Main Contract and Subcontracts;
 Drafting of Subcontracts, Work orders and all contractual correspondences including notices;
 Preparation of BOQs (Quantities Take-off ) for Subcontract Packages (Civil Works);
 Evaluation of Quantum for Contractor’s Claims
 Reviewing and certifying Subcontractors’ invoices, final accounts etc.;
 Preparation of Cost Reports, Progress Reports etc.
 Negotiation and finalization of Subcontracts/Supply Contracts

 Administering and managing the Main Contract and Subcontracts under the Supervision of Contracts Manager;
 Drafting of Subcontracts and contractual correspondences including notices to the Client and Subcontractors;
 Preparation of BOQs (Quantities Take-off ) for Subcontract Packages, floating RFQ, shortlisting offers and preparing Comparison Statements;
 Updating Budget and carrying out Cost to Completion exercises;
 Evaluation of quantum for Contractor’s Claims to Subcontractors and Client;
 Reviewing and certifying Subcontractors’ invoices, final accounts;
 Preparation of Cost Reports, Progress Reports etc. (internal and external);
 Preparation of Client invoices;

1. Assisting Sr. Contracts Engineer in Drafting of Sub-Contracts Documents, Client Correspondences etc.

2.Preparation CAD (Contract Appreciation Documents), AAG (At a Glance), Revenue Summary and Sub-Contracting Cost & Forecasting on monthly basis, Contemporary Records as and when required and correspondences with Client and Subcontractor and maintain all records in hard and soft copies as per Standard Contracts procedure.

3. Administer & manage client contracts/Sub-Contracts on site.

Quantity Surveying

1. Quantities take off from the drawings with activities involving working out various quantities respect to approved drawings & monitoring further changes in the revised drawings for overall project .

2 Verification of Subcontractor’s RAB in terms of Quantity.

3. Preparation of Bill Of Quantities (BOQ) from drawings for works to be subcontracted.

4. Preparation of Cost Analysis various items of work

5. Preparation of estimates for forecasting of material requirement specifically Cement, TMT and Structural Steel
.
6. Preparation of Claims/VOR/COR in terms of Quantity and valuation of the same.

8. Assist Sr. Engineer in Preparation of Client Bill.