Built Environment Legal Specialist at Development Bank of Southern Africa (DBSA)

Job Description    

• The Built Environment Legal Specialist is responsible for ensuring legal compliance and providing legal advice and guidance on infrastructure delivery transactions. This role focuses on regulatory adherence and the development/review of contractual agreements to mitigate legal risks and safeguard DBSA's infrastructure portfolio.

Key Responsibilities    
KEY PERFORMANCE AREAS:

Strategic Initiatives and Planning

• Monitor and ensure compliance with all relevant construction, infrastructure and procurement legislation by the Infrastructure Delivery Division (IDD) of the DBSA.
• Maintain general regulatory compliance and uphold corporate governance.
• Consult with DBSA Group Legal for support in specialised areas of law.
• Lead risk management and governance policies and processes and develop plans to mitigate and resolve identified challenges.

Operational Function

• Develop a system for the preparation of contractual documents, ensuring identification of standard and critical legal clauses to protect the interest of the DBSA, and maintain templates as required.
• Provide advice on draft tender documentation and motivation to sourcing documentation to support the Bid Specification Committee in selecting a commercially sound contracting strategy and applicable standard form contract.
• Provide legal advice and quality control in the drafting of project specific construction contracts and agreements between the Infrastructure Delivery Division and individuals, third parties, professional service providers; suppliers and contractors.
• Advise and provide legal input on contractual matters to management and the project team.
• Communicate with service providers, clients and internal business units on contractual matters including claims for delays, extension of time, additional payments and variations.
• Provide advice to the Bid Evaluation Committee through the review and verification of appointment or acceptance letters, performance guarantees and all contract documents.
• Coordinate the negotiation of construction contracts and agreements with clients.
• Oversee compliance to contract award requirements ensuring all conditions are satisfied including performance guarantees, insurance and other relevant documentation.
• Provide guidance and assist in mediating contractual disputes, including attending special meetings with contractors as requested by the Construction Project Manager.
• Provide legal input in commenting on contractor claims with regard to construction or professional services contracts.
• Prepare IDD contractual claims including extensions, prolongation of cost, acceleration cost and others.
• Lead litigation, adjudication, and arbitration matters, manage external counsel and attorneys, provide input into selecting counsel and attorneys for each matter, and manage external legal costs.
• Ensure that all legal documentation, including guarantees, is securely filed and archived.

Key Measurements of Outputs:

• Time taken to prepare contracts, agreements and legal opinions.
• Quality and accuracy of contracts, agreements, opinions and solutions provided.
• Quality of legal due diligence on contracts and agreements negotiated.
• Effective management of legal claims and litigation risks.
• Management of total case/agreement / opinion / other legal costs.
• No litigation due to contractual errors and or omissions.
• Effective monitoring of the contracts and agreements.
• Clean audit.

KEY INTERNAL LIAISON RELATIONSHIPS:

• Group Executive: IDD
• Group General Counsel
• Head: Legal and Contracting 
• All IDD Business Units
• All DBSA Divisions
• Overall DBSA management

KEY EXTERNAL LIAISON RELATIONSHIPS:

• External Service Providers and Contractors
• External stakeholders
• External Client(s)
• External attorneys and experts

Expertise & Technical Competencies    
QUALIFICATIONS & EXPERIENCE:

Minimum Requirements

• Bachelor of Laws (LLB)and an Admitted Attorney of the High Court of South Africa.
• Admitted Attorney/Advocate of the High Court of South Africa.
• A minimum of 7 years’ experience in the provision of legal advice and contract management for construction projects in the built environment.
• Extensive experience in Construction Law, Procurement Law and the Public Finance Management Act (PFMA).
• Sound knowledge of the Joint Building Contracts Committee JBCC), New Engineering Contracts (NEC), Government Certificate of Competency (GCC), Construction Industry Development Board (CIDB) and FIDIC contracts.
• In-depth understanding of complex legal concepts in business terms.
• Ability to scrutinise vast amounts of information and identify key points promptly and accurately.
• Knowledge of relevant legislation and regulations regarding infrastructure development, as well as mediation, adjudication and arbitration of dispute processes.
• Understanding of infrastructure markets, government priorities, systems and processes at the national and provincial levels.

Desirable Requirements

• A postgraduate degree/diploma in law or construction management.