Commercial Solicitor

Closing Date

01/10/2024

JOB BRIEF

To provide high quality commercial legal services to the Engineering & Capital Delivery function of Southern Water (focused on Southern Water’s water resources infrastructure programme, the Water for Life Hampshire (WfLH) Programme, in particular the Thames to Southern Transfer (T2ST), and South East Strategic Reservoir Option (SESRO) Strategic Resource Options (SRO) programmes, through:

advising on the legal ramifications and structuring of a wide range of commercial arrangements and diverse capital /commercial projects, transactions and contracts; drafting, negotiation and settling various forms of commercial contracts; advising on the full regime of public procurement regulations and practical procurement issues, including acting as guardian of relevant legal policies and providing standardised procurement and commercial legal agreements; advising the company on the legal ramifications and structuring of a wide range of often complex and expansive engineering and construction arrangements and diverse commercial projects, transactions and contracts (working with the Senior Commercial Solicitor); focussing on the full remit of non-contentious (and some initial stages contentious) engineering and construction matters relating to infrastructure and non-infrastructure projects; supporting the senior specialist E&C solicitor on high value and complex capital projects, and in advising on technically challenging and highly specialist engineering and construction projects, working with, advising and supporting project teams and operational functions; supporting and liaising with other members of the WfLH legal team including the Commercial and Infrastructure Solicitors, and external legal support, on the legal ramifications and structuring of a wide range of capital projects related to the water SROs and similar significant infrastructure projects.

JOB DIMENSIONS

Resources under control

Direct reports

Identify if the role has full managerial or supervisory accountability

None

If supervisory, state what authorities this covers

Provides leadership and direction through managers/ technical experts.

Is accountable for the performance and results of related disciplines.

Indirect reports (matrix or dotted line reports)

None

Resources (e.g., budget control, size of operations under control)

n/a

Decision Authorities

Authority level and limits

Direct on negotiated commercial terms, commercial/ contractual disputes (no financial limit).

WORK ACTIVITY

Problem Solving

Provides input into functional strategy and operations, providing leadership and direction within area of responsibility. Adapts problem solving approach to the demands of the situation.

Change and Innovation

Requires comprehensive understanding of concepts and principles in own subject area to be able to resolve issues and help to define the standards and specifications around which others will operate.

Customer / Stakeholder Management

Liaison with internal and external parties across a wide variety of areas.Internal: SW Directors and Senior Managers, Operations, Customer Service, Capital Delivery and Asset Management and other corporate service functions, Finance, IT;Internal: Direct integration into and participation in Procurement Services operations and activitiesExternal: Legal experts, Litigators & their representatives, Commercial Suppliers, Consultants, Contractors, Sub-Contractors.

Risk Management

Exercises control over allocated and team resources, inputs into policy formulation and planning. Has accountability for end results

ACCOUNTABILITIES

Provides focused, accurate, effective and timely legal advice, analysis to the relevant business function on a wide range of matters to enable the business function to meet /manage its objectives Provides advise in a clear, useable way enabling others (at whatever level in the business) to immediately understand the key facts and issues Leads the negotiations of complex and strategic issues, disputes, cases or transactions or deals, either leading those negotiations directly or partnering with colleagues across the business in response to meet the commercial, corporate and strategic objectives of the business Responsively advising senior management on developments and issues which may impact the functional business area. Proactively notifying and informing the senior management team of key matters, risks, developments and providing on-going briefing on that advise/issue Identifies areas of risk for the Company in relation to a broad range of commercial legal matters of significant strategic and / or financial value and either directly provides or works with others to implement solutions to manage these risks Leads by example, developing standards and practices for the business functional area, motivating and informing other lawyers within the team to provide the best possible legal advice and support to the Company.

PERSON SPECIFICATION – critical requirements of the job

Knowledge

Technical

Expert knowledge of law and legal research techniques, contract drafting and interpretation Expertise in public procurement law and practice (knowledge of new Direct Procurement for Customers regime highly desirable, but not essential) Has reliable legal judgement and appreciates legal risk Produces sound analysis, using secure legal research. Good IT skills including electronic document production and assembly

Commercial Effectiveness and Business Expertise

Highly developed commercial awareness Expert influencer and negotiator Pro-active individual with interest in business matters

Risk and Compliance

Provides input into and delivers functional strategy operationally, providing leadership and direction to all teams within their area of responsibility. May be required to lead the commercial negotiation of contractual dispute resolution involving the company.

Skills and Competencies

Business Skills

Has a full understanding of how their own function contributes to achieving the overall objectives of the business and how it interacts with others Able to operate in a demanding performance driven environment requiring a high degree of team working and directly manage/lead a project team to deliver stretching objectives Manage legal services from external law firms ensuring appropriate instructions and fee/budget management

Personal and Interpersonal Skills

Self starter with ability to work as part of a team and to work proactively across and with a number of other functions Relationship builder with drive to engage directly, working in a fast-paced, rapidly changing, and challenging environment.

Leadership and Management

People leader, managing and motivating peers and the business generally to achieve goals

Experience and Qualifications

Experience

Good legal training, extensive continuous commercial legal experience. Previous in-house experience not necessary but would be welcome. Senior level experience of providing commercial/ contracting legal advice for engineering & construction projects within a regulated environment

Qualifications

Excellent degree qualification (2:1 or equivalent), or satisfactory evidence of equivalent high level academic and/or professional achievement Qualified lawyer (Solicitor/Barrister/Chartered Legal Executive) ideally with at least 10 years relevant post-qualification experience

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