Commercial Counsel Job in Not Specified, Kansas US
Commercial Counsel
Primarily responsible for (i) initial review of RFPs and prime contracts, and related documents received from owners and partners; (ii) creation of initial draft of joint ventures agreements, consortiums, MOU¿s, term sheets and engineering service agreements, and (iii) ensuring that written agreements are drafted/redlined in such a fashion which mitigates risk posed to the Company, including ¿checks and balances¿ of additional internal reviews and involvement of District Counsel and Project Sponsor. Ensure the Kiewit EPC protocol, commercial standards and guidelines are followed, including the involvement of the District Attorney. Coordinate with the District Manager, District Engineer, Business Development (BD) Manager, Sponsor, Home Office (Omaha) and bid leads relative to the commercial/legal aspects and risks of projects assigned. Assist the BD Manager in obtaining potential partner (JV or subcontract) and vendor / subcontractor due diligence through Treasury. Responsible for coordination and lead of negotiation of prime contracts, joint ventures, MOUs, term sheets and related agreements. Coordinate negotiations on major equipment contracts with the Sponsor, Director of Procurement and District Attorney. Coordinate with the District Manager, BD Manager and District Attorney to develop subcontract agreements should Kiewit Power ¿ Engineer be a subcontractor to another construction contractor. Develop a timeline with the Sponsor, as appropriate, for all projects. Develop a risk matrix based upon Owner¿s requested terms and the company¿s proposed responses by coordinating with the District Attorney, Director of Procurement and Sponsor to support management review. Commercial Review ¿ coordinate with the Sponsor and District Attorney: Complete a prime contract Checklist with Sponsor and District Attorney. Complete a red-line of the EPC contract or term sheet, followed by secondary reviews performed by District Attorney and another Commercial Counsel. Meet with District Attorney and other Commercial Counsel, as appropriate, to discuss redlines and agree and incorporate additional changes. Identify and review key commercial terms including schedule / performance guarantees and make-goods, LDs, limit of liability, and subcaps, etc. Coordinate with the Director of Procurement to ensure the prime contract terms flow down to the respective OEM subcontracts, material supply contracts, etc. as applicable, as provided by District Attorney. Assist the Sponsor and Project Manager in developing Contract Administration Plans. Work with the Director of Procurement to implement auditing procedures and expectations for each project and program. Provide and/or coordinate training for Area Managers, Sponsors and Business Development Managers (Kiewit Power) on the Commercial Management group procedures.