Commercial and Contracts Manager
National Projects & Construction
Total years of experience :16 years, 9 Months
Project : Etihad Rail - Mohammad Bin Zayed City Link and Expo Link Project.
Commercial & Contracts Manager
i) Correspondences under the Main Contract and Subcontractors
ii) Variation & Claim under the Main Contract and Subcontractors
iii) Monitoring Guarantees and Insurances
iv) Managing IPA & IPCs
v) Review of Subcontract Agreements
• Create and maintain relationship with internal clients and operational teams, clients, consortium partners, subcontractors, as the case may be, and their legal advisors on a day-to-day basis to facilitate reporting to senior management.
• Manage the corporate processes in coordination with other departments.
• Prepares, drafts and manages correspondences, notices, Contract Risk Registers, Claims and Compensation events log.
• Interprets Contractual Clauses and Provisions, applying it to the ongoing issues to determine compliance/deviations with/from contract scope, and accordingly deals/provide argumentation with the incoming and outgoing correspondences to the Client, Subconsultants.
• Challenges commercial matters through risks identification and provide mitigation advice to achieve fair and beneficial entitlement to the Project team.
• Prepares Claims, Variations for the identified events.
• Identifies disruptions having close proximity to the claim events and updates the claim notices/correspondences.
• Provides Project Team clear contractual analysis and advise them on matters concerning contractual obligations, contract risk, claim management and technical issues related to claims.
• Review various types of Contracts during Pre-Bid and Post Bid Stages and identifies and mitigate risks and negotiate/finalizes Contracts so that business requirements are met.
• Drafts and finalizes Subcontract Agreement, Work order for the Clients/Subcontractors/subconsultants giving due consideration to the conditions of the Main Contract.
ETIHAD RAILWAY PACKAGE 2D SHARJAH TO FUJAIRAH - 147 KM.
( TUNNELS - 15 NOS, BRIDGES - 35 NOS, UNDERPASS - 32 Nos)
• Liaisons with the Project Team for contractual aspects of the project and collects/analyzes information from Project team.
• Interprets Contractual Clauses and Provisions, applying it to the ongoing issues to determine compliance/deviations with/from contract scope, and accordingly raising early warning notices, claim notices to the Employer/Subcontractors.
• Develops appropriate argumentation and evidence for variations/claims.
• Prepares variations/claims rebuttal for the Employer's/Subcontractor's claims
• Provides Project Team clear contractual analysis and advice them on matters concerning contractual obligations, contract risk, claim management and technical issues related to claims,
• Identifies disruptions having close proximity to the claim events and updates the claim notices/correspondences.
• Maintains/updates claim related records/evidences.
• Develops and track logs related to claims such as early waring log, claim tracker etc.
• Prepares correspondences to Engineer, Design Consultant, Employer, Subcontractor's etc.
• Assist in commercial matters pertaining to disputes to achieve fair and beneficial entitlement to the Project team.
• Prepares variation claims which includes Cost/Time Impact for arisen events, Employers Instructions.
• Drafts subcontract agreement for subcontractor giving due consideration to the conditions of the Main Contract.
• Issues change orders, variations to subcontractor.
• Issues payment certificates to subcontractor.
• Reviews proposed warranties, guarantees and undertaking to be submitted to the Engineer/Employer and/or submitted by the Design Consultants/Subcontractors.
ACHIEVEMENTS
• Rich experience in Un-Priced and Priced Commercial bids of multi million dollars of Buildings and Industrial projects.
• Secured a projects worth more than USD 300 million.
• Secured Disruption Claims of Value USD 3 Million for ongoing projects
• Reviewed and Analyzed Special and General Terms in Contract Documents, Identified the risks and assessed the risks and accordingly mitigated the risks with inclusion of express terms and suitable qualifications while finalizing the Commercial Bid with Client.
ESTIMATION DUTIES
• Developed commercial relationships with EPC Contractor, Developers and the Employers.
• Lead pre-bid technical/commercial requirements with the clients, JV partners.
• Developed and compiled documentation for pre-qualification with government and private sector clients (EPC’s) and responding to the Request for Expression of Interest, NDA's from JV partners.
• Evaluated ITT documents, drawings, specifications, schedules, floating inquiries to Suppliers/Manufacturers and compared studies based on suppliers quotations.
• Negotiated with the suppliers/subcontractors on both technical and commercial aspects.
• Identified, assessed and mitigated contractual risks and accordingly proposed and negotiating changes, sometimes with the inclusion of EXPRESS TERMS.
• Interacted with the market to review and discuss considerations, project scope etc.
• Developed cost estimates and bids for all types of projects like EPC, Lump sum, Item Rate etc., thereby prepared, compiled & Submitted Un-Priced and Priced Commercial bids.
• Monitored and maintained all techno commercial correspondence during entire tendering process and up to finalization of contract and ensuring bid format meets clients requirements.
• Participated in pre and post bid meetings as required and carries out remote site survey.
• Maintained client relations by being lead contact of proposal for client and carrying out Value Engineering studies based on Client Budget constraints for projects.
• Prepared detailed estimates and cash flow for projects ensuring accuracy, compliance with defined scope of work.
CONTRACT DUTIES
• Reviewed/drafted incoming/outgoing Contractual Letters related to change/variation order, EoT & Claims of ongoing projects.
• Worked on Delay Analysis with inputs from Planner, Extension of Time, Claims, Variations etc. of ongoing projects.
• Coordinated with Site Team, assisting Legal Counsel in ADR/Litigation and monitored the ongoing projects contractually.
• Assisted Procurement in Drafting, Evaluation, Negotiation & Execution of Subcontract Agreements.
Project-1: Link Road from Ruwais City to West Road and New Highway
Client: Abu Dhabi National Oil Company (ADNOC)
Contract Value: 115.45 AED Million.
Project-2: Civil Works For Shah Gas Gathering System.
Client: Punj Lloyd Limited (PLL), UAE.
Contract Value: 45 Million USD.
Project-3: Construction of Shah Roads & Sensor Tower Yards & Backbone Works
Client: Advanced Integrated Systems, Abu Dhabi.
Contract Value: 32.53 Million AED
Project-4: Supply & Installation of 10km Perimeter Infrastructure Works To The Dabbiya Site Under Dera Programme
Client: Advanced Integrated Systems, Abu Dhabi.
Contract Value: 86.10 Million AED.
CONTRACT DUTIES:
• Prepared EoT Claim for Link Road 1 & Link Road 2 Project (1) which got delayed due to the conflict with Universal Petroleum Council, EAD, Barari, Finalization of Detail Design. However, Company (ADNOC) granted EOT for 161 days and agreed to compensate cost for 87 days for Link Road 1.
• Prepared Variation of AED 1.2 Million which resulted due to change in site topography due to shifting of sand dunes on proposed length of the road which resulted in increase of excavation quantity of access roads for Project (3). It was design and build project.
PROJECT CONTROL DUTIES :
• Preparation of Project Estimate, Cash Flow, Budget & Job Cost Reports for the projects and hence revising Balance Cost to Complete thus highlighting actual status of projects to Management by measuring operational efficiency of the projects through Net Operating Working Capital (NOWC).
• Monitoring and Controlling project expenditure as per the approved budget and also at micro level comparing major cost codes against work done till date and for the month as per the company's norm.
• Verifying and checking of invoices and claims from suppliers, vendors and subcontractors of Bought Out Items to ensure that all project expenditures are captured and properly recorded and as per the approved budget.
• Serving as the point of contact for Client/Subcontractor on contractual matters, provide redlined recommendations and negotiated directly with Client/Subcontractor until consensus has been reached.
Achievements
• Completed one 275m High Multi RCC Chimney having in all respects with 32.5% contribution; wherein 30, 000 cum of concrete and 3300 MT of Fabrication & Erection were carried out as a second in command for Phase I of 3x660 MW Tiroda Thermal Power Plant, Gondia, Maharashtra.
• Completed 275m RCC Shell and Flue Can and Platform Girder Fabrication of 275m High Twin RCC Chimney for Phase II of 2x660 MW Tiroda Thermal Power Plant, Gondia, Maharashtra.
• Responsible for Planning, Sub-Contractor Billing, Job Cost Reports for all four packages of Chimney and Civil Works, Architectural Works and Structural Steel Works for both Phase I & II of 5x660 MW Tiroda Thermal Power Plant, Gondia, Maharashtra.
• Part of the highly efficient team who achieved a major milestone of casting of 3 Nos TG Deck within a span of 12 months for the first time in the India and achieved nearly 20, 000 cum of RCC per month.
• Successfully implemented ERP for all four packages of Phase I & II of 5x660 MW Tiroda Thermal Power Plant, Gondia, Maharashtra.
Project 1 - Pebble Bay at Dollars Colony, Bengaluru, India Aug 07 - Dec 08
Client: M/s. Pebble Bay Developers (P) Ltd, Bengaluru
Package: Construction of 6 Nos. of 20-Storeyed Residential RCC Building Complex.
Total Built-Up Area = 19 Lakh Sq Ft
Contract Value: INR 110 Crores
Project 2 - 2 Nos Chimney, Civil, Structural & Architectural Works for 3300 MW Thermal Power Plant, Tiroda, Maharashtra, India.
Jan 09 - Jan 12
Client: Adani Power Maharashtra Ltd, 3300MW Tiroda Thermal Power Plant
Package: Multi Flue RCC Chimney and Civil Works of TG, Boiler, ESP, Switch Yard, Coal Bunker,
CW Pump House, Water Treatment Plant, ID Fan & FD Fan, 22 Nos Buildings etc.
Contract Value: 456 Crore + Free Issue Material
Assistant Manager - II :-
• Preparation of Project Estimate/Cash Flow using SITE software prior to the start of project as per the contract terms and conditions.
• Preparation of monthly RA Bills/ Invoices, and liaising with clients for timely submission and approval of monthly RA Bills/Invoices.
• Ensuring timely receipts of Actual Payments of RA Bills from client and complying with the needs of client if any for same.
• Preparation of Job Cost Report and Balance Cost to Complete.
• Prepared Reconciliation statement of free issue materials and bought out items and was making sure wastage remains within the norms.
• Close monitoring of consumption of material, labor, equipment against the planned/budgeted in co-ordination with the site team.
• Subcontractors Invoice and Measurement Book of Payroll Workers was verified carefully in coordination with Project Engineers.
Completed. Achieved Credits 180.