General Description / Job Purpose:
From development (from preferred bidder to financial close) to engineering, procurement, construction (“EPC”) and the operation and maintenance (“O&M”) of renewable energy projects (including solar, wind, hydro, hybrid and battery technologies), supporting the Legal Counsel: Construction and Operations (“LCCO”), Project Manager and/or Facility Manager to fulfil the contractual obligations of the company (representing the Employer / Owner / IPP / Seller) and to enforce rights of the same against contractual counterparties (such as the EPC contractor / O&M contractor / Off-taker / Buyer / Grid Access Unit and/or Government).
Responsibilities:
Before Financial Close
•Where possible, support the LCCO from prefer 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.
From Financial Close onwards
Support the respective project managers during construction and/or facility managers during O&M, with the oversight of the LCCO:
•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.
•In establishing standard forms of contractual notices and communications to facilitate item 2(a) above.
•In reviewing and challenging representations made by the project and facility managers in the execution of their duties.
•In assisting and guiding the asset-management team with the set-up and creation of the project obligations tracker.
•In providing guidance to the asset-management team in the establishment and maintenance of contractual record-keeping.
•In challenging and defending claims, change proposals and variations under the respective contracts.
•In drafting claims and other contractual communications that may be required in terms of the project documents.
General
•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.
•Routinely updating the LCCO and any other identified persons on emerging and ongoing contractual risks on relevant projects.
•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 4 years post-qualification 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.
Languages
• English (Read, write & speak)
General Terms and Conditions
The above job description is intended to describe the general nature and level of work being performed by the incumbent. It is not intended to be construed as an exhaustive list of all responsibilities, tasks and skills required to perform this job. The incumbent may be required to perform additional tasks and duties outside of this description, if so required.
Undertaking
I the undersigned have read and understood the terms of this job description, alternatively the contents have been read and explained to me.
