Built Environment Legal Specialist X2

The Built Environment Legal Specialist is responsible for ensuring legal compliance and providing legal advice and guidance on infrastructure delivery transactions. This role focuses on regulatory adherence and the development/review of contractual agreements to mitigate legal risks and safeguard DBSA's infrastructure portfolio.

**Key Responsibilities**:
**KEY PERFORMANCE AREAS**:
1. Strategic Initiatives and Planning
- Monitor and ensure compliance with all relevant construction, infrastructure and procurement legislation by the Infrastructure Delivery Division (IDD) of the DBSA.
- Maintain general regulatory compliance and uphold corporate governance.
- Consult with DBSA Group Legal for support in specialised areas of law.
- Lead risk management and governance policies and processes and develop plans to mitigate and resolve identified challenges.

2. Operational Function
- Develop a system for the preparation of contractual documents, ensuring identification of standard and critical legal clauses to protect the interest of the DBSA, and maintain templates as required.
- Provide advice on draft tender documentation and motivation to sourcing documentation to support the Bid Specification Committee in selecting a commercially sound contracting strategy and applicable standard form contract.
- Provide legal advice and quality control in the drafting of project specific construction contracts and agreements between the Infrastructure Delivery Division and individuals, third parties, professional service providers; suppliers and contractors.
- Advise and provide legal input on contractual matters to management and the project team.
- Communicate with service providers, clients and internal business units on contractual matters including claims for delays, extension of time, additional payments and variations.
- Provide advice to the Bid Evaluation Committee through the review and verification of appointment or acceptance letters, performance guarantees and all contract documents.
- Coordinate the negotiation of construction contracts and agreements with clients.
- Oversee compliance to contract award requirements ensuring all conditions are satisfied including performance guarantees, insurance and other relevant documentation.
- Provide guidance and assist in mediating contractual disputes, including attending special meetings with contractors as requested by the Construction Project Manager.
- Provide legal input in commenting on contractor claims with regard to construction or professional services contracts.
- Prepare IDD contractual claims including extensions, prolongation of cost, acceleration cost and others.
- Lead litigation, adjudication, and arbitration matters, manage external counsel and attorneys, provide input into selecting counsel and attorneys for each matter, and manage external legal costs.
- Ensure that all legal documentation, including guarantees, is securely filed and archived.

**Key Measurements of Outputs**:
1. Time taken to prepare contracts, agreements and legal opinions.
2. Quality and accuracy of contracts, agreements, opinions and solutions provided.
3. Quality of legal due diligence on contracts and agreements negotiated.
4. Effective management of legal claims and litigation risks.
5. Management of total case/agreement / opinion / other legal costs.
6. No litigation due to contractual errors and or omissions.
7. Effective monitoring of the contracts and agreements.
8. Clean audit.

**KEY INTERNAL LIAISON RELATIONSHIPS**:
1.Group Executive: IDD
2.Group General Counsel
3.Head: Legal and Contracting

4.All IDD Business Units
5.All DBSA Divisions
6.Overall DBSA management

**KEY EXTERNAL LIAISON RELATIONSHIPS**:
1.External Service Providers and Contractors
2.External stakeholders

3.External Client(s)
4.External attorneys and experts

**Expertise & Technical Competencies**:
**QUALIFICATIONS & EXPERIENCE**:
Minimum Requirements
1.Bachelor of Laws (LLB)and an Admitted Attorney of the High Court of South Africa.
2.Admitted Attorney/Advocate of the High Court of South Africa.
3.A minimum of 7 years’ experience in the provision of legal advice and contract management for construction projects in the built environment.
4.Extensive experience in Construction Law, Procurement Law and the Public Finance Management Act (PFMA).
5.Sound knowledge of the Joint Building Contracts Committee JBCC), New Engineering Contracts (NEC), Government Certificate of Competency (GCC), Construction Industry Development Board (CIDB) and FIDIC contracts.
6.In-depth understanding of complex legal concepts in business terms.
7.Ability to scrutinise vast amounts of information and identify key points promptly and accurately.
8.Knowledge of relevant legislation and regulations regarding infrastructure development, as well as mediation, adjudication and arbitration of dispute processes.
9.Understanding of infrastructure markets, government priorities, systems and processes at the national and provincial levels.