Talent Pool - Contracts Manager (PMC – Site Based)

Role Summary

The PMC Contracts Manager serves as the project's principal commercial and contractual authority at site, responsible for protecting the Owner's interests while maintaining commercially effective relationships with EPC contractors, suppliers, and stakeholders. In an Indonesian RKEF smelter expansion project with a predominantly Chinese EPC and supply chain ecosystem, the role combines contract administration, claims management, change control, commercial risk management, and cross-cultural stakeholder engagement to ensure successful project delivery with minimized contractual and financial exposure.

Role Purpose

The Contracts Manager is the senior PMC commercial and contract management representative at site and is responsible for protecting the Owner's contractual and commercial interests through the management, administration, monitoring, and interpretation of EPC and major supply contracts associated with the expansion of an operating RKEF nickel smelter in Indonesia.

Operating independently from both the Owner and the EPC Contractor, the Contracts Manager provides contract governance, commercial oversight, claims management, change management, dispute avoidance, and contractual risk management throughout project execution.

A significant aspect of the role involves managing a project environment where the EPC contractor, key equipment suppliers, subcontractors, and much of the supply chain are expected to be Chinese organizations. The role therefore requires strong experience with Chinese EPC contractors, international contract administration, cross-cultural negotiations, supply chain coordination, and managing execution risks associated with overseas procurement and fabrication.

The Contracts Manager acts as the PMC's principal advisor on contractual matters and works closely with project leadership to proactively manage commercial exposure while maintaining productive working relationships with all stakeholders.

Key Accountabilities

The Contracts Manager is accountable for:

• Administration of EPC and major project contracts.
• Protection of Owner contractual entitlements.
• Management of changes, variations, and claims.
• Contractual risk identification and mitigation.
• Commercial oversight of EPC contractor performance.
• Timely evaluation of contractor submissions.
• Prevention and resolution of disputes.
• Coordination between project controls and commercial functions.
• Commercial support during commissioning and closeout.
• Accurate contractual reporting to PMC and Owner leadership.

Principal Responsibilities

1. Contract Administration and Governance

• Lead all PMC contract administration activities at site.
• Implement contract management procedures and controls.
• Ensure contractual obligations are clearly understood by project stakeholders.
• Develop and maintain contract administration plans.
• Monitor compliance with contractual requirements.
• Maintain contract correspondence and communication protocols.
• Ensure appropriate governance is applied to all commercial matters.
• Advise project management on potential contractual exposures.

Typical contracts may include:

• EPC contracts
• Technology licensing agreements
• Major equipment supply agreements
• Construction subcontract agreements
• Logistics contracts
• Owner-supplied equipment contracts
• Commissioning support agreements

2. EPC Contract Management

Act as the PMC focal point for EPC contract administration.

Responsibilities include:

• Monitor EPC contractor compliance with contractual obligations.
• Review contractor performance against contractual milestones.
• Assess notices, submissions, and contractual correspondence.
• Monitor contractor obligations relating to:
  • Schedule
  • Cost
  • Quality
  • HSE
  • Reporting
  • Warranties
  • Performance guarantees
• Advise the Owner and Project Director on contractual remedies where appropriate.
• Maintain comprehensive contract records.

Particular attention shall be given to:

• Contractor delays
• Productivity shortfalls
• Performance guarantee achievement
• Interface management obligations
• Commissioning obligations
• Defect correction responsibilities

3. Change Management and Variations

Lead commercial assessment of project changes and variations.

Responsibilities include:

• Establish and maintain change management systems.
• Review contractor variation requests.
• Assess contractual entitlement.
• Review cost and schedule impacts.
• Coordinate technical and commercial evaluations.
• Prepare recommendations for approval or rejection.
• Maintain variation registers.
• Monitor cumulative impact of changes on project objectives.

Particular focus areas include:

• Brownfield scope additions
• Utility tie-ins
• Operational constraints
• Design development changes
• Regulatory changes
• Site conditions
• Owner-directed changes

4. Claims Management

A major responsibility of the role.

Responsibilities include:

• Develop and implement project claims management strategy.
• Review contractor notices and claims.
• Assess contractual entitlement and merits.
• Coordinate factual, technical, and commercial evaluations.
• Prepare entitlement analyses.
• Manage contractor delay and disruption claims.
• Support commercial negotiations.
• Develop claim defence strategies where required.
• Maintain detailed claims registers.

Typical claims may involve:

• Delays to access
• Utility outages
• Brownfield interface constraints
• Productivity losses
• Scope growth
• Design changes
• Force majeure events
• Logistics delays
• Regulatory changes

5. Chinese EPC Contractor and Supply Chain Management

Given the anticipated project delivery model, experience working with Chinese EPC contractors is essential.

Responsibilities include:

• Facilitate effective contractual engagement with Chinese contractor leadership.
• Monitor compliance of offshore procurement activities.
• Support resolution of commercial issues involving Chinese suppliers.
• Review impacts arising from international logistics and supply chain constraints.
• Assess issues related to:
  • Factory acceptance testing
  • Manufacturing delays
  • Export documentation
  • Shipping and customs clearance
  • Equipment quality concerns
  • Vendor support obligations
• Bridge cultural and contractual differences between stakeholders.
• Promote early identification and resolution of disputes.

Preferred experience includes Chinese EPC contractors such as:

• China ENFI
• MCC
• NFC
• CINF
• Minmetals
• CNCEC
• WISDRI
• CISDI
• Sinosteel
• Other major metallurgical EPC organizations

6. Commercial Risk Management

• Identify and monitor commercial and contractual risks.
• Maintain contract risk registers.
• Assess financial impacts of emerging issues.
• Recommend risk mitigation strategies.
• Coordinate with Project Controls regarding schedule and cost risks.
• Evaluate exposure associated with delay and disruption events.
• Support contingency assessments.

Key risks include:

• Late equipment delivery
• Fabrication delays in China
• Customs and importation issues
• Contractor underperformance
• Brownfield access constraints
• Shutdown overruns
• Schedule slippage
• Performance guarantee failures

7. Payment Certification and Commercial Validation

Support commercial governance related to contractor payments.

Responsibilities include:

• Review contractor payment applications.
• Verify contractual compliance.
• Coordinate with Quantity Surveying and Project Controls teams.
• Validate progress claims.
• Review supporting documentation.
• Recommend certification or adjustment of payments.
• Monitor retention and security instruments.
• Ensure commercial accuracy and auditability.

8. Brownfield Commercial Management

The project involves expansion of an operating facility requiring extensive interface management.

Responsibilities include:

• Assess commercial implications of operational restrictions.
• Monitor shutdown-related contractual obligations.
• Evaluate impacts arising from access limitations.
• Manage claims associated with SIMOPS activities.
• Review entitlement related to operational delays.
• Support development of mitigation strategies that reduce commercial exposure.

9. Contractual Correspondence Management

• Draft and review contractual notices.
• Prepare formal responses to contractor correspondence.
• Maintain contractual communication records.
• Ensure notice provisions are properly administered.
• Protect contractual rights through timely communications.
• Support executive-level commercial correspondence.

10. Dispute Avoidance and Resolution

• Promote proactive management of contractual issues.
• Facilitate negotiation and settlement discussions.
• Develop commercial settlement strategies.
• Support mediation, expert determination, or arbitration processes where required.
• Manage documentation necessary for dispute resolution.

The primary objective is to avoid disputes through early intervention and commercial problem-solving.

11. Commissioning and Close-Out Support

Support commercial management through project completion.

Responsibilities include:

• Monitor contractual completion obligations.
• Manage performance testing requirements.
• Track warranty obligations.
• Monitor defect correction responsibilities.
• Ensure contract close-out requirements are fulfilled.
• Support final account negotiations.
• Coordinate contract records for project handover.

RKEF and Brownfield-Specific Experience

The successful candidate should understand the commercial and contractual challenges associated with:

• Process Facilities
• Rotary Kilns
• Electric Furnaces
• Electrode Systems
• Furnace Transformers
• Ore Drying Systems
• Slag Handling Systems
• Ferronickel/NPI Production Facilities
• Brownfield Environment
• Shutdown planning
• SIMOPS execution
• Utility tie-ins
• Access restrictions
• Operational interface management
• Production continuity requirements
• Supply Chain Challenges
• Long-lead equipment procurement
• Overseas fabrication
• Chinese manufacturing supply chains
• Logistics and shipping
• Customs clearance
• Site delivery constraints

Qualifications

Education

• Bachelor's Degree in Law, Quantity Surveying, Commercial Management, Engineering, Construction Management, or related discipline.

Preferred Professional Qualifications

• MRICS
• FRICS
• MCIPS
• MSc Construction Law
• Diploma in Construction Law
• Certified Commercial Contracts Manager (CCCM)
• AACE Certification
• Professional legal qualification advantageous

Experience

• Minimum 15 years of contract management experience on major capital projects.
• Minimum 8 years in a senior Contracts Manager, Commercial Manager, or Contract Administration Manager role.
• Extensive EPC contract management experience.
• Experience with major industrial projects in mining, metals, smelting, refinery, energy, or oil & gas sectors.
• Demonstrated experience on brownfield projects.
• Direct experience working with Chinese EPC contractors and supply chains.
• Experience with FIDIC, EPC Lump Sum Turnkey, EPCM, or hybrid delivery models.
• Previous PMC, Owner's Engineer, or independent engineer experience preferred.
• Indonesian and Southeast Asian project experience highly desirable.

Technical Competencies

Contract Administration

• EPC contract management
• FIDIC contract administration
• Claims management
• Change management
• Dispute resolution
• Contract interpretation

Commercial Management

• Commercial negotiations
• Final account settlement
• Cost impact assessment
• Commercial risk analysis
• Payment certification

Project Delivery

• Construction execution
• Brownfield projects
• Commissioning support
• Supply chain management
• International procurement

Leadership Competencies

• Commercial judgement
• Negotiation and influencing
• Strategic thinking
• Cross-cultural communication
• Relationship management
• Conflict resolution
• Attention to detail
• Professional integrity

Key Performance Indicators (KPIs)

Contract Management

• Timely administration of contractual obligations.
• Effective management of notices and correspondence.
• Contract compliance maintained.

Claims and Variations

• Timely assessment of variation requests.
• Reduction in unresolved claims.
• Successful commercial resolutions achieved.

Commercial Risk

• Early identification of contractual risks.
• Effective mitigation of commercial exposure.
• Accurate risk reporting.

Cost Protection

• Prevention of unjustified claims.
• Protection of Owner entitlements.
• Effective management of variations.

Stakeholder Management

• Productive engagement with EPC contractor.
• Positive feedback from PMC and Owner leadership.
• Effective management of Chinese EPC contractor interfaces.

Project Close-Out

• Successful final account settlement.
• Warranty obligations managed.
• Efficient contract close-out.

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