CONTRACT LEGAL & COMPLIANCE MANAGER

The Contracts and Procurement Team works across the entire Acre Works Sdn Bhd (AWSB) to establish and implement policy and provide guidance and direction on regulations and policies to support effective and efficient contract management.

The key responsibilities of a Group Contract Legal and Compliance Manager revolve around ensuring that the company adheres to legal standards and internal policies. He/She develops and implements comprehensive compliance and legal standards mainly in Contract Management, which include drafting and revising company policies to align with current laws and regulations. Regular monitoring of compliance is essential, as he/she will conduct audits and compliance assessments, ensuring that a culture of compliance is fostered within Acre Works Sdn Bhd (AWSB). The ideal candidate should be able to identify potential compliance risks and devise strategies to mitigate them, while preparing detailed reports for the Management Committee and regulatory bodies on compliance status and issues. Acting as a liaison between the company and regulatory agencies, he/she will facilitate effective communication regarding compliance matters and collaborate with various departments to enforce compliance standards throughout the company.

We are looking to recruit a highly experienced individual who can administer Legal & Compliance Standards of AWSB.

This new role is focused on three things:

• Plays a dual role, wearing both legal and compliance hats by ensuring that the Contract issue within the legal frameworks and compliance requirements, safeguarding the interests of AWSB, and maintaining adherence to licensing requirements and regulatory standards.
• Ensure that all activities, not just within the Contract and Commercial Department but also across Finance and Human Resources, fully comply with relevant legal regulations. Ensuring the best business model for each activity, including consideration of in-sourcing.

JOB DESCRIPTION

Contracts Management

• To draft, vet and review all internal and external contracts, documents and agreements affecting AWSB Malaysia and Singapore (as and when required) interest.
• To identify, highlight and resolve any legal issues concerning AWSB Malaysia and Singapore (as and when required) business operation/activities that may arise from time to time.
• To assist Head, Contract & Commercial in conducting specific legal research and compiling legal material as and when necessary.
• Set the standards for contract management in AWSB.
• Support the writing and/or amendment of contracts: framework agreements, Supply, Erection, Services, etc., as well as its negotiation.
• Ensure that the project teams keep adequate contemporary records, track milestones, and maintain an event traceability matrix.
• Ensure that the project directors and contract manager fully document material events which may result in formal dispute, as required by the legal, to protect AWSB.
• Ensure that Execution project directors and contract manager properly classify, issue, and respond contractual communications, reviewing critical correspondence as applicable.
• Ensure that project directors and contract manager produce high-quality contractual assessments, with a clear structure, statements based on contractual clauses and supporting contemporary records, as well as proper EOT/delay analysis.
• Contribute to defining the contract delivery strategy and structuring assumptions for the projects during the development phase.
• Comply with reporting requirements and deadlines, coordinating the efforts of others and consolidating data as applicable.
• Contribute to internal audits and checks, coordinating the closure of observations and non-conformances.
• Capitalise on and disseminate project feedback on contract management.
• Assign contract management resources to project directors, maintaining the line management and performance responsibility.

Legal Compliance

• Coordinate the gathering and consolidation of all execution inputs required for arbitrations and other legal processes, and to participate in the process as necessary.
• Legal expertise, compliance knowledge, contract management, and leadership in navigating complex legal frameworks related to contracts.
• Ability to identify legal risks in contracts, propose mitigation strategies, and ensure compliance with local laws and regulations.
• Thorough knowledge of contract formation, performance, termination, and remedies for breach. This includes understanding the nuances of various types of contracts (fixed-price contracts, time-and-material contracts, etc).
• Proficiency in managing contract disputes, including negotiation, arbitration, mediation, or litigation processes.
• Knowledge of regulatory frameworks and industry standards that affect contracts, such as data protection laws (PDPA), taxation laws, and labour laws.
• Advanced negotiation skills to ensure favorable terms in contracts, mitigate legal risks, and resolve conflicts.
• Expertise in drafting clear, enforceable contract terms, and ensuring that agreements are legally sound, comprehensive, and appropriately tailored to specific project needs.
• The ability to represent the company’s legal interests in meetings, negotiations, or court hearings when required.
• Ability to align contract strategy with the company’s business objectives and advise senior management on legal implications of business decisions.
• Maintaining confidentiality around sensitive legal matters and business dealings.
• Ensuring all aspects of the contracts are correctly documented, legally compliant, and enforceable.

Costing and Estimating

• Lead negotiations with clients and subcontractors on contract terms and conditions.
• Ensure that project directors, execution project team and contract manager correctly handle insurance and warranty claims, providing support as applicable.
• Ensure the accurate development of contract budgets and cost forecasts for each project or contract. This includes setting clear financial expectations and ensuring costs stay within the agreed budget.
• Regularly prepare and deliver cost control reports to management committee, highlighting budget status, cost overruns, or areas where costs can be reduced.
• Track any changes in scope or variations to the original contract, assessing how these adjustments will impact the cost and ensuring they are well-documented and approved.
• Monitor the performance of suppliers and vendors, ensuring they deliver on their contractual obligations without exceeding agreed-upon costs.
• Work with the project director to explore options for reducing costs while maintaining or improving the quality and functionality of the project or service being delivered.
• Ensure that payments are being made according to the agreed-upon terms in the contract, monitoring for discrepancies or overpayments.
• Establish and monitor KPIs for cost performance on contracts, such as cost-to-completion ratios, cost variance analysis, and earned value analysis.
• At the close of each contract or project, analyze the final costs against the original budget, providing a detailed report on any variances and lessons learned for future contracts.
• Work with various internal departments such as project director, project manager, procurement, finance, human resources and legal to ensure that cost control strategies are aligned with overall AWSB goals and objectives.
• Manage the identification of a set of AWSB standard execution risks.
• Reviews documents and actions and performs functions within the Acre Works’s compliance purview as outlined in the DAL and in line with Acre Works’s risk management framework.
• Participate in the supplier qualification, and contractualization processes, to ensure that the contractual risks are adequately mitigated.
• Support the identification and management of project risks, helping to develop mitigation plans.
• Ensure rigorous evaluation of risk provisions that are integrated in the project budget.
• Reporting to Management Committee on contract performance and risk mitigation strategies.
• Proactively assess potential risks to contract costs, such as market fluctuations, supply chain issues, or unexpected delays.
• Provide regular reports to stakeholders on the financial status of contracts, including performance against the agreed budget.

Continues Improvement

• Develop guidance that clarifies what good contract management looks like and ensure that it is disseminated, understood and adopted by those managing AWSB’s contracts. The guidance should be applicable to different types and different values of contract.
• Drive change, ensuring the deployment of contract management processes and procedures to AWSB project execution activities.
• Support contract managers across the company to manage their contracts well, with appropriate consistency within and between contracts, through guidance, training and best practice sharing.
• Work with project team (PD, PM, CM, SrPE, PE) to develop their contract management compliance in line with guidance, particularly in relation to contracts that span different business areas and locations, to ensure consistency of approach.
• Build positive constructive relationships with colleagues, supporting them to improve their management of contracts, whilst respecting their experience.
• Implement rigorous Contracts Training Program for staff; work with Commercial Team and HR Department to develop new training content that is responsive to concerns and needs in projects.
• Experience of strategy development and of driving organisational change, including getting buy-in from colleagues for new ways of doing things.
• Regularly reviewing and updating contracts to ensure compliance with changing laws and regulations.

QUALIFICATIONS:

• Bachelor’s degree in Law, Engineering or Construction Management or equivalent experience required. An MBA can be an asset for strategic decision-making, while an LLM can deepen legal contract knowledge.
• Strong background in commercial law and contract law, specifically in Malaysia (i.e., understanding of the Contracts Act 1950 and other related local regulations).
• Minimum 8 years relevant project management and contract management experience required, at least 5 of which must be in a Construction Field.
• Good understanding of construction processes and technical knowledge of contract management activities, with preferably several years of construction site experience.
• Experience in developing and implementing contract management procedures and templates, including risk management.
• Basic understanding of financial principles related to contracts, including cost analysis, budgeting, and managing contract-related expenditures.
• Strong analytical and decision-making skills. Ability to use logic and reasoning based on a wide range of experience and training to solve moderately complex problems.
• Ability to take the lead, and develop corporate policy.
• Demonstrates maturity, dependability, integrity, and initiative to move beyond an advanced understanding to become a leader within the division and the company.
• Good interpersonal skills, ability to work independently and in a team.
• Attention to detail and strong organizational and prioritization skills.
• Demonstrates leadership, versatility, and integrity.
• Experience managing multicultural teams.

MAIN INTERFACE

The Head of Contract Manager will interact with, among others:

Procurement and Contract Team

Project Directors and Execution Project Managers

Head of Finance Department

Head of Human Resources Department

Suppliers and subcontractors’ leaders

SKILLS REQUIREMENT

• Strong ability to drive change.
• Educational approach, with good communication and persuasion skills.
• Able to provide clear and concise reports.
• Proactive problem-solving attitude and able to provide value-added suggestions.
• High sense of responsibility, with a result-oriented drive and resilience.

VALUES REQUIREMENT:

• Firmly believing that individuals from diverse backgrounds bring positive contributions to the success of the company, pride of being inclusive. Celebrate differences while unique points of views are understood and used for the good of the company and people. Strive unceasingly to uphold our culture of teaming, cooperation, and mutual respect.
• Committed to providing a work environment that is safe and healthy for all people and those affected by the activities by advocating the highest standards of health and safety at all our sites and offices.
• Great team, great work, great service, and great business practices. Strive for excellence in everything you do, every day, in a humble posture of learning.
• Strive to be a good leader by caring for people, making a positive contribution to the communities you work in, and implement ways to minimise environmental impact.

BENEFITS:

Medical Insurance coverage for yourself and your immediate family, Group Personal Accident Insurance, Group Term Life Insurance, Phone Allowance, Petrol Allowance, Vehicle Allowance, Site Allowance (Site), Staff House (Site) and Parking Allowance.

Opportunities for ongoing Training and Development to enhance your skills and knowledge, along with support for pursuing Professional Certifications relevant to your role, to further advance your career and expertise.