Role: Commercial Director (Commercial 3rd party negotiations)
Sector: Utilities (Major Water Programs)
Location: Cambridgeshire
Salary: £100-130K + Car allowance + Performance Bonus + Healthcare + Pension
The company:
Our client is an international consultancy and construction firm and a global leader in delivering complex infrastructure programmes, with a dedicated utilities division focused on driving the UK’s transition to net-zero. They provide end-to-end services, ranging from strategic advisory and regulatory support to rigorous commercial management and integrated programme delivery.
The role:
The Commercial Lead will act as the main point of contact for all commercial negotiation issues related to Third Party Agreements and will report to the Head of Commercial for the Program.
They will possess a deep understanding of complex commercial agreements, strong negotiation and influencing skills, and a proven track record of managing high-value, long-term partnerships within a major infrastructure environment. They will be experienced in navigating complex regulatory environments and lead the commercial, legal and technical interfaces to enter into the agreements with a deep understanding of the UK statutory undertaker regime, asset protection requirements and bespoke requirements from private entities.
Key Duties:
Strategic Commercial Governance & Agreement Framework
* Develop and implement a comprehensive Commercial Strategy for all third party agreements (TPAs), ensuring alignment with the programmes schedule, funding constraints and alignment with the consenting strategy justifying value for money for customers. The strategy will protect the programmes capital investment and long-term operational viability, with a focus on the eventual investment by an Infrastructure Provider.
* Lead the development and assessment of commercial models for third parties to ensure effective risk management, value for money and compliance with applicable guidelines.
* Work closely with our Legal/DCO functions to standardise Heads of Terms and commercial templates to ensure a consistent approach to negotiations and to mitigate the risk of disadvantageous precedents.
* Provide strategic advice to Senior Leadership on the commercial implications of statutory protections, indemnity clauses, liability flows, asset protection requirements etc.
* Engage with other Directorates and functions to identify requirements for third party agreements and to devise programmes for their delivery and implementation.
* Be responsible for leading the negotiation of variations to existing agreements.
* Embed with the DCO delivery/ third party agreements team and work within a dynamic environment for decision making and collective and joint risk management
Principal Negotiation & Agreement Execution
* Lead the commercial engagement with external entities to secure the permissions and protections required for DCO consent, delivery and IP investment.
* Act as the lead negotiator and proactively manage complex negotiations with Statutory Undertakers (e.g., utility providers, network operators), Local Authorities and other third parties to secure signed agreements that facilitate programme commencement through a successful DCO application and Infrastructure Provider investment.
* Work with the Third Parties team to help identify requirements and stakeholders such as Section 106 (Planning Obligations), Section 278 (Highway Works), bespoke Asset Protection Agreements (APAs), The Crown Estate, National Rail, National Grid as well as other private parties.
* Work closely with our Estimating Function, to rigorously interrogate third-party cost estimates and technical requirements as well as input into programme estimate updates to ensure all financial settlements are necessary and proportionate, successfully challenging any attempts to improve third-party assets at the programmes expense.
Regulatory Compliance & Statutory Interface
* Ensure the programmes commercial positions are defensible and compliant with statutory frameworks and regulatory obligations.
* Manage the commercial resolution of any statutory objections, negotiating settlements that allow the programme to proceed while minimizing financial and operational exposure.
* Prepare evidence-based commercial positions for use in planning inquiries, technical hearings or regulatory reviews as required.
* Ensure all third-party commercial arrangements comply with public procurement regulations (where applicable) and internal audit requirements.
Stakeholder Advocacy & Cross Functional Integration
* Bridge the gap between technical engineering delivery and the commercial expectations of external and internal stakeholders.
* Serve as the primary commercial point of contact for senior-level stakeholders, building the professional rapport necessary to navigate negotiations.
* Coordinate closely with Engineering, Land Acquisition, DCO and Environmental teams to ensure that negotiated commercial terms are technically feasible and do not create unforeseen delivery constraints.
* Lead the commercial handover process, ensuring that all negotiated obligations, warranties and restrictive covenants are clearly communicated to the other programme functions.
Commercial Risk Mitigation & Financial Control
* Maintain comprehensive oversight of the financial liabilities and risks associated with the third-party agreement portfolio.
* Maintain a robust TPA Risk & Opportunity Register, providing senior leaders with quantitative analysis of potential financial exposure and contingent liabilities.
* Exercise strict budgetary control over third-party professional fee claims, ensuring all costs are substantiated and represent value for money.
* Provide regular executive reporting on negotiation milestones, financial commitments, and Critical Path agreements to ensure project leadership has full visibility of commercial risks.
Qualifications and Experience
* Educated to degree level in Construction Management, Quantity Surveying, Planning Act or equivalent
* Evidence of on-going management development and relevant personal development (Required)
* Experience in similar role at a similar level
* Experience of working with the negotiation of Third Party Agreements
* Experienced working across complex matrix teams
* Experienced in building strong working relationships with key internal and external stakeholders.
* Success at creating an aligned culture focussed on high performance
* Adept in use of standard forms of contract and implementing commercial strategies
* Experience of working in a DCO/consenting environment
* Experience of negotiating with entities such as Network Rail, National Highways and preferably Crown Estate