1. Before Financial Close
Where possible, supporting the LCCO from preferred bidder phase through contract review and finalisation with contractors and other counterparties in the drafting and negotiation of the EPC, O&M contracts and co-operation agreements, as may be required, in order to facilitate the achievement of financial close of the respective entities.
2. From Financial Close onwards
Supporting the respective project managers during construction and/or facility managers during O&M, with the oversight of the LCCO:
a. In enforcing the owner’s rights under the respective agreements, project documents (not limited to the Power Purchase Agreement, Implementation Agreement, Self-Build Agreement, Distribution Customer Use of System Agreement etc) and financing documents.
b. In establishing standard forms of contractual notices and communications to facilitate item 2(a) above.
c. In reviewing and challenging representations made by the project and facility managers in the execution of their duties.
d. In assisting and guiding the asset-management team with the set-up and creation of the project obligations tracker.
e. In providing guidance to the asset-management team in the establishment and maintenance of contractual record-keeping.
f. In challenging and defending claims, change proposals and variations under the respective contracts.
g. In drafting claims and other contractual communications that may be required in terms of the project documents.
3. General
a. Immediate escalation of contractual matters to the LCCO and any other identified persons where the matter meets with the commensurate level of risk for escalation.
b. Routinely updating the LCCO and any other identified persons on emerging and ongoing contractual risks on relevant projects.
c. Advising the LCCO and any other identified persons on proposed risk mitigation options and strategies.
Thus, typical areas of involvement will include and not be limited to providing assistance and advice in respect of:
• owner’s and contractor’s claims.
• owner’s adjudications and determinations.
• pass-through claim communications and equivalent project relief.
• correspondence with counterparties.
• correspondence with lenders and shareholders.
• review of contractor’s documentation.
• rejection notices.
• program reviews.
• suspension notices.
• milestone reviews and payment applications.
• unit and facility completion notices.
• taking-over and final acceptance.
• the notification of defects.
• variations.
• contract termination.
Minimum Educational Qualifications:
• LLB / BA (Law) / BCom (Law) preferred, with articles completed.
Minimum Previous Experience:
At least 5 years post-qualification experience with at least 3 years’ experience in the:
• Drafting and negotiation of EPC and O&M contracts.
• Administration of EPC contracts.
• Administration of O&M contracts.
• Administration of contracts included in REIPPPP projects (see 2(a) above).
Other Skills:
• Excellent written communication skills
• Familiarity with conciliation, mediation and arbitration processes will be considered advantageous.
• Presentation skills will be considered advantageous.
