Position Title:  Director, Commercial

Come Build Your Career at Aecon!

As a Canadian leader in infrastructure development, Aecon is safely and sustainably building what matters for future generations to thrive! We lead some of the most impactful infrastructure projects of our generation, at the forefront of transformational change in transportation and energy, and partnering every day to build, connect, power, and strengthen our communities.

At Aecon, you can count on:

• Safety First. Our number one core value. If we can’t do it safely, we don’t do it at all.
• Integrity. We lead by example, with humility and courage.
• Accountability. We’re passionate about delivering on our commitments.
• Inclusion. We provide equitable opportunities for everyone.

We lead the infrastructure industry with purpose, and our people are at the heart of everything we do. So, we invest in our people, just like they invest in us! 

At Aecon we:

• Ensure you and your family receive the services needed to support your mental, emotional, and physical well-being
• Believe in helping you build your career through our Aecon University and Leadership Programs
• Are committed to supporting and investing in inclusive work environments, through initiatives like Equity, Diversity & Inclusion training, our Aecon Women in Trades and Aecon Diversity in Trades programs, and our Employee Resource Groups (ERGs) to ensure we are building inclusion into every aspect of our culture at Aecon.
• Are a leader in sustainable construction. With a strong commitment to operating responsibility by minimizing our impact on the environment and surrounding communities.

Our business success relies on strong execution and continuous improvement – driven by the diversity, expertise and teamwork of our people. We’re always searching the globe for innovative, collaborative minds to join our best-in-class Aecon community!

Role Overview

The Commercial Director is responsible for overseeing the commercial strategy on a project, working very closely with the senior operations and maintenance team on the project to develop and implement a commercial management and contract compliance system that drives performance and minimizes risk to the business. Provides sound commercial and contractual advice to project management to ensure optimal outcomes for the Project during ramp up and operational phases.  Manages the commercial and contractual interface and relationship with the client and subcontractors.

Key Responsibilities

• Change management, including schedule Interpretation and claims administration/coordination – Develop and implement processes to administer, document and accept / challenge / defend incoming and outgoing change requests throughout Operations and Maintenance execution. Implement claim management processes to resolve unforeseen situations that arise during Operations and Maintenance Phase execution and that are not covered by the change management process; including implementation of claims towards third parties and prevention / defending of incoming claims from third parties.
• Notices – Implement an effective system to ensure that all contractually-required notices are delivered to the client and subcontractors, consortium members in accordance with the terms of the project agreement, maintenance agreement, interface agreement and subcontracts.
• Prime and subcontract management/ administration - administer the project contracts (project agreement, maintenance agreement, interface agreement, subcontracts, consultancy agreements, purchase agreements etc.) in such a way that the correct contractual procedures and sound administrative practices are implemented and followed at all times from project inception to completion, ensuring at all times that all contract deliverables and timelines are met.
• Contract negotiation - Lead the drafting, review and negotiation of various contracts (with clients and subcontractors), including specific services contracts, master services agreements, commissioning contracts, engineering contracts, settlement agreements, non-disclosure agreements, construction contracts and procurement contracts, in a way that optimizes the business’ financial, legal, risk management and reputational positions
• Supplier/subcontractor procurement- Implement and monitor procurement scheduling and plans, facilitate competitive tendering process for materials, goods, services and equipment, including development of terms and conditions, scope and specification requirements, implementing and overseeing the bidding process with pre-qualified companies. Evaluate submitted bids including tender analysis and recommendation.

• Commercial reporting - Issue regular reporting and analytics on commercial issues to Executives (internal and JV ExCo) and Project Managers

• Insurance – Engage with  insurance advisors to develop appropriate Project insurance programs and coverages.
• Legal – Exercise proper judgment to engage with  legal advisors to seek advice at the appropriate times
• Risk management –Develop a risk management and mitigation plan to identify potential events (internal and external) that may cause the Project to fail to meet its objectives. Monitor and control those measures to mitigate the exposure to the risks being realized. 

• Commercial management of project close out/ post practical completion, including administration of warranty claims and management of the defect and latent defect liability period. People leadership - Ensure commercial activities are effective and results focused

Required Knowledge and Skills

• Minimum of 15 years’ commercial management experience on major projects and a proven track record on delivering commercial success, working in joint ventures with international partners on major EPC infrastructure projects, fixed price, DB/DBFOM major Projects (over $500m) throughout the project life cycle from bid to contract closeout
• Legal, Engineering, or Quantity Surveying degree or equivalent
• Demonstrated experience working under a variety of standard form and bespoke contracts
• Sound understanding of construction / O&M methodology and process in a large, complex operating environment
• Thorough knowledge of change management principles including identifying significant variations, claims identification, narration, quantification and evaluation
• A sound understanding of the law of contract in the jurisdiction of the project, combined with a detailed appreciation of contractual obligations and liabilities, commercial and financial functions (i.e. project cash flow)
• Direct experience with the tendering process, contract administration, budgetary cost value and reduction capability, procurement and subcontract administration, earned value management and Primavera P6 scheduling software
• Proven track record with claims management and dispute resolution on major projects
• Experience with risk identification and management
• Experience in liaising with client, subcontractor and consultant representatives
• Basic understanding of insurance program requirements for various Project types and advise on suitability of corporate programs vs project specific requirements. Ability to
• Experience with integrated ERP systems  

Necessary Leadership Competencies

• Stakeholder Management
  • Strong demonstrated ability to influence with and without direct authority
  • High degree of emotional intelligence, strong self-awareness,
  • Organization Savviness, ability to effectively maneuver through complex political situations, anticipate issues and plan an approach accordingly
  • Able to effectively communicate with Executives, JV Partners and project staff on commercial matters
• Adaptive Thinking
  • Critical thinking capability by applying sound analysis and logical reasoning to evaluate ideas, decisions and outcomes.  Able to properly evaluate the quality of evidence and reasoning, then draw appropriate conclusions.
  • Has the ability to take a broad perspective and to think laterally; analyzing risks, which incorporates being proactive, assessing the potential cost of a risk and solving any problems associated with it; negotiating; communicating; and team working.
• Strategic Orientation
  • Commercial acumen and ability to understand the drivers, financials, variables and underlying business models our organization utilizes to generate a profit and drive toward being a sustainable organization. 
  • Able to anticipate emerging issues or outcomes based on experience and critical thinking capacity
• Building High Performance Teams
  • Builds trust by creating and sustaining trusting relationships with direct reports and colleagues
  • Delivers results through teams by empowering people, delegating, and creating a positive work environment
• Legal Knowledge and Application
  • Demonstrates a nuanced appreciation of the law and how conflicting interpretations might come about.
  • Identifies the strengths and weaknesses of any legal interpretation
  • Quickly grasps the organizational implications of any legal argument or interpretation
• Project Management
  • Establishes desired outcomes for programs and projects and ensures effective delivery of agreed deliverables
• Decision Making
  • Makes sound decisions involving the most complex information and dynamic situations.
  • Demonstrates sound judgment.
  • Effective risk orientation to complement business performance – curious and innovative
• Negotiation & Influencing
  • Negotiates service and/or collective agreements to achieve a desired outcome for the O&M JV.
  • Positively influences colleagues to take decisions and actions that ultimately benefit the organization.

• Character
  • Integrity, Humility, Transparency, Courage, Drive, Energy, Passion

Aecon fosters diversity, inclusion and belonging within and across our organization. We welcome all to apply including, women, visible minorities, Indigenous peoples, persons with disabilities, and persons of any sexual orientation or gender identity.

We are committed to adhering to the objectives and requirements outlined in the Accessible Canada Act (ACA), and to meeting the accessibility needs of persons with disabilities in a timely manner, through the implementation of the requirements of the ACA and its applicable regulations. If you require accommodation under the ACA during any step of the application process please click here.