Commercial Director

– Commercial Director

Position: Commercial Director

Department: Commercial

Reports To: Chief Executive Officer / Executive Management

Industry: Construction – Main Contractor

Location: UAE

Job Purpose

The Commercial Director will provide strategic and operational leadership for all commercial, contractual, cost management, procurement-interface, claims, and financial performance matters across the company's construction projects.

The role is responsible for protecting the company's commercial interests, maximizing project profitability, controlling commercial risks, ensuring effective contract administration, and providing senior management with accurate commercial forecasts and recommendations.

The successful candidate must have a strong Main Contractor background, with extensive experience managing large-scale civil, high-rise, mixed-use, infrastructure, and/or mega construction projects.

Key Responsibilities

Commercial Leadership & Strategy

• Lead the Commercial Department across all projects and business units.
• Develop and implement the company's commercial strategy, policies, procedures, and governance framework.
• Provide commercial advice to the CEO, Executive Management, Project Directors, and operational teams.
• Ensure commercial objectives are aligned with the company's profitability, cash-flow, and project delivery targets.
• Establish effective commercial controls from tender stage through project execution, completion, and final account.

Contract Management

• Oversee the administration of main contracts, subcontracts, consultancy agreements, and major supplier agreements.
• Ensure contractual obligations, notices, submissions, and correspondence are properly managed.
• Review contractual risks before and after award and recommend appropriate mitigation measures.
• Monitor compliance with contract conditions, particularly relating to variations, extensions of time, payment, claims, liquidated damages, and termination provisions.
• Provide strategic contractual advice on complex project matters.

Claims & Dispute Management

• Lead the preparation, review, and negotiation of major contractual claims.
• Manage claims relating to:
• Variations and additional works
• Extension of Time
• Prolongation costs
• Disruption and loss of productivity
• Acceleration
• Changes in scope
• Delay-related costs
• Payment disputes
• Subcontractor claims
• Ensure contractual notices are issued within required timelines.
• Work closely with Planning, Legal, Project Management, and external consultants in preparing claims and dispute strategies.
• Manage negotiations, mediation, adjudication, arbitration, or other dispute-resolution processes when required.

Cost & Financial Management

• Oversee project budgets, cost plans, forecasts, and commercial reporting.
• Monitor project profitability, cost-to-complete, committed costs, revenue, and cash flow.
• Review monthly project commercial reports and identify potential cost overruns or commercial exposures.
• Ensure accurate forecasting of project margins and final project outcomes.
• Challenge project teams on cost performance and implement corrective actions where required.
• Monitor project contingency utilization and commercial provisions.

Variations & Change Management

• Ensure variations are identified, valued, submitted, tracked, negotiated, and closed in a timely manner.
• Maintain effective variation registers across all projects.
• Ensure project teams maintain appropriate supporting documentation and contemporaneous records.
• Lead negotiations with clients, consultants, subcontractors, and other stakeholders on major variations.

Subcontract & Procurement Commercial Management

• Provide commercial oversight of subcontracting and procurement activities.
• Review commercial terms for major subcontract and supplier packages.
• Ensure appropriate flow-down of contractual obligations from the main contract to subcontractors.
• Participate in negotiations and commercial evaluation of major subcontract packages.
• Monitor subcontractor liabilities, variations, claims, payments, and final accounts.
• Ensure subcontractor commercial exposure is properly controlled.

Payment & Cash Flow

• Oversee interim payment applications and certification processes.
• Monitor client receivables and outstanding certifications.
• Work with Finance and project teams to improve project cash flow.
• Ensure subcontractor and supplier payments are aligned with contractual terms and project cash position.
• Escalate delayed certifications and payments to senior management.

Final Accounts

• Lead the negotiation and settlement of project final accounts.
• Ensure timely closure of client, subcontractor, and supplier final accounts.
• Minimize unresolved commercial matters at project completion.
• Ensure commercial close-out documentation is properly maintained.

Tender & Pre-Contract Support

• Support the Tendering and Estimation teams during major bids.
• Review proposed contract conditions and identify key commercial and contractual risks.
• Participate in tender clarification and contract negotiation meetings.
• Review pricing assumptions, qualifications, exclusions, risk allowances, and commercial strategy before submission.
• Provide commercial input during contract award negotiations.

Risk Management

• Establish and maintain commercial risk registers.
• Identify project-specific contractual and financial risks.
• Recommend mitigation strategies and monitor implementation.
• Ensure major risks are escalated to Executive Management promptly.
• Monitor bonds, guarantees, insurances, retention, warranties, and other contractual securities.

Management Reporting

• Prepare and present consolidated commercial reports to Executive Management.
• Report on:
• Revenue and profitability
• Project margins
• Cost-to-complete
• Variations
• Claims

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  Receivables
• Cash flow
• Commercial risks
• Final accounts
• Subcontractor liabilities
• Potential disputes
• Highlight significant deviations from budgets and recommend corrective actions.

Team Leadership

• Lead and develop Commercial Managers, Contracts Managers, Quantity Surveyors, Claims personnel, and other commercial team members.
• Establish appropriate commercial organization structures for projects.
• Conduct performance reviews and succession planning for the Commercial Department.
• Develop strong commercial awareness among Project Directors and operational teams.
• Ensure consistent commercial practices across all projects.

Qualifications

• Bachelor's Degree in Quantity Surveying, Civil Engineering, Construction Management, or a related discipline.
• Professional qualification such as MRICS, FRICS, MCIOB, or equivalent is highly desirable.
• Additional qualifications in Contract Management, Construction Law, or Arbitration are an advantage.

Experience

• Minimum 20 years of overall construction industry experience.
• Minimum 10 years in senior commercial leadership positions such as Commercial Director, Head of Commercial, or Senior Commercial Manager.
• Extensive experience working for a Tier 1 or major Main Contractor is mandatory.
• Strong UAE and/or GCC construction experience is highly preferred.
• Proven experience managing the commercial function of large-scale projects including high-rise buildings, mixed-use developments, hotels, residential, commercial, civil, and mega projects.
• Demonstrated experience managing projects with substantial contract values.
• Strong exposure to FIDIC and other internationally recognized forms of construction contracts.
• Proven track record in claims preparation, negotiation, dispute resolution, and final account settlement.

Key Competencies

• Strong commercial and contractual judgment.
• Excellent negotiation and dispute-resolution skills.
• Strong understanding of construction cost management.
• Advanced knowledge of contract administration and claims.
• Excellent financial and commercial analytical ability.
• Strong leadership and team-management capability.
• Ability to manage multiple major projects simultaneously.
• Strong communication and stakeholder-management skills.
• Ability to challenge Project Directors and senior operational teams constructively.
• Commercially driven with strong focus on profitability, cash flow, and risk management.
• High level of integrity, confidentiality, and professional judgment.