Legal Contracts Specialist

2 weeks ago

Midrand, Gauteng, South Africa DBSA Full time

The purpose of this position is to ensure legal compliance and provide legal advice and guidance to the Infrastructure Delivery Division.


The Bank has sought to promote economic and social development by mobilising financial and other resources from the national and international private and public sectors for sustainable development projects in South Africa, the SADC region and the whole of the African continent.


Key Responsibilities:

1. Strategic Functions
(a) Oversee and ensure compliance to all legislation, particularly in relation to the Construction and
Infrastructure industry
(b) Oversee general regulatory compliance as well as corporate governance.
(c) Consult with other Legal Advisor's in DBSA Group Legal for support in other specialist law fields

2. Operational Function
(a) Develop a system for preparation of contractual documents, ensuring identification of standard and
critical legal clauses to protect the interest of the DBSA, maintain and review templates as required.

(b) Provide advice on draft tender documentation and motivation to source documentation in support of
Bid Specification Committee to select a commercially sound contracting strategy and applicable
standard form contract.
(c) Provide legal advice and quality control in the drafting of project specific contracts and agreements
between the Infrastructure Delivery Division and individuals, t h i r d parties, professional service
providers; suppliers and contractors.
(d) Advise and provide legal input on contractual matters to management and project team.
(e) Communicate with service providers and the client (in conjunction with relevant Head) on
contractual matters including delays, extension of time, variations, etc., including co-ordination with
other business units.
(f) Provide advice to Bid Evaluation Committee when requested, check and verify appointment or
acceptance letters, performance guarantees and all relevant contract information.
(g) Coordinates the negotiation of contracts.
(h) Oversee compliance to contract award requirements ensuring all conditions are satisfied. This
includes performance guarantees, insurances and other relevant documentation.
(i) Provide advice to the business in respect of contractual matters with specific references to standard
forms of construction contracts

  • JBCC, GCC, NEC and FIDIC.
(j) Provide guidance and assist in mediating contractual disputes. This includes attending special
meetings with contractors as requested by the Construction Project Manager.
(k) Provide legal input in commenting on contractor claims with regards to construction or professional
services contracts.
(l) Contribute, if required, to the preparation of
IDD contractual claims including extensions, prolongation
of cost, acceleration cost and others.
(m) Lead litigation/ adjudication/ arbitration matters and manage external counsel and attorneys,
provide input into selecting counsel and attorneys per matter, manage external legal costs
(n) Ensure that all legal documentation is filed and archived securely.

Key Internal Liaison Relationships

Group Executive:

IDD

  • Group General Counsel

Head:
Legal and Contracting

  • All
    IDD Business Units
  • All DBSA Divisions
  • Overall DBSA management

Key External Liaison Relationships

  • External Service Providers
  • External stakeholders
  • External Client (s)

Expertise & Technical Competencies:

  • Bachelor of Laws (LLB)
  • A postgraduate degree or further education in construction management and negotiation are an
added advantage

  • A minimum of 8 years' experience in legal and contracts management of construction projects in
the built environment.

Skills & Knowledge

  • MS Office proficient, with focus on Word, Excel and Power Point
  • Experience in construction law, procurement law and PFMA
  • Knowledge of the JBCC, NEC, GCC, CIDB, FIDIC and other industry contracts.
  • A keen interest in the delivery of infrastructure
  • Strong intellectual and analytical capability
  • Ability to function under pressurised conditions while identifying and implementing sound legal
solutions that will protect the
IDD's interests.

  • Skills to scrutinise vast amounts of information and identify key points promptly and accurately
  • A commercial, pragmatic and approachable outlook
  • Expertise in adjudications and arbitrations are considered an advantage
  • Understanding of government priorities, systems and processes
  • Understanding of stakeholder and brand management
  • Strong verbal and written communication skills as well as effective negotiation skills
  • Skills to express complex legal concepts in business terms

TECHNICAL COMPETENCIES

1. Written Communication
(a) Is relied on by others to help them write complex technical and non-technical documents and briefs.
(b) Is able to determine which aspects of this knowledge area need to be transferred to others in order to
achieve organisational goals.
(c) Coaches others and transfers communic

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