Job Specification

Purpose of Position :

To reviewcomplex, precedent setting contract claimsappealed to the Assistant DeputyMinister,and make recommendations for settlement or denial. To negotiate settlement of claims withinthose recommendationswiththe contractor/consultant,be a ministryexpert withrespect to contract claims investigations/negotiationsand provideadvice to the regions and contract administratorson highwayconstruction,maintenance and consultant claims.

Duties / Responsibilities :

1. Evaluate appealed claimson behalf of the ADMby researching the background of claims to ensure their legitimacyand actual cost and recommending a value range for settlement.

2. Negotiate settlements of appealed claims withinthe approved monetaryrange on behalf of the ADMby meeting withthe contractors/consultants and ministrypersonnel and assessing technical engineering reports and arguments presented to arrive at equitable settlements.

3. Actas a technical expert in contract administrationand dispute resolutionbyprovidingadvice to ministrypersonnel involvedin claims settlement negotiations withinthe regions whileensuring objectivity,independence and an at-arms-Iengthrelationship.Providea similarsupport to legal counsel involvedin defending ministryclaims.

4. Provide inputinto policydevelopment surroundingcontract administrationand identifiesand provides inputto the revisionof contract specifications.

5. Develop, coordinate and conduct trainingprograms related to contract negotiations.

Knowledge :

Registration with the Professional Engineers of Ontario (PEO). Negotiation skills are required when negotiating claims with various contractor/consultant representatives including company owners. Knowledge acquired through several years of experience of a broad variety of construction/maintenance techniques, procedures, methods and practices adopted by contractors in performing capital construction and maintenance work. Knowledge of construction scheduling including analytical techniques used for the review of impacts of changes and delays to construction
projects. Knowledge of estimating and costing of construction and maintenance activities including both original contract and for impacts resulting from changes to contracts. Knowledge of contract preparation, design and documentation to interpret various contract specifications and requirements. Knowledge of standard contract administration practices, procedures and requirements including contract change order procedures.
Knowledge of claim principles in order to assess the validity of construction/maintenance/consultant contracts claims. Knowledge of the construction/maintenance/consultant industry and supply components (ie. ORBA, OHMPA, etc) in order to properly assess the details of the contract documents. Knowledge of highway contract management practices and procedures to assess and review complex contract claims and make recommendations for settlement/denial or negotiate resolutions. Investigative/analytical skills are required to research the background of claims,
analyze technical data, evaluate different points of view, maintain objectivity and make recommendations for settlement. Verbal communication skills, persuasiveness and tact are required to establish and maintain effective working relationships with various ministry, consultant and contractor field staff, senior officials, policy experts, technical specialists, suppliers and others when analyzing and making presentations on claims. Writing skills are
required in the preparation of reports for senior management.

Judgement :

Judgement is required in planning, co-ordinating and conducting investigations to establish validity of contract claims based on principles involved and to determine the most effective approach to determine liability. Judgement is used to propose the breadth and depth required for the investigation and analysis based on complexity, costlbenefit analysis and schedules, and in recommending acceptance rejection of the claim and the value thereof. Judgement, integrity and discretion are exercised in assessing a variety of technical engineering reports and information and
arguments put forth by contractors and ministry personnel and during negotiations with senior contractor/consultant company officials to arrive at a fair and equitable settlement while recognizing the impact Recommendations/settlements may have upon other and future claims. Judgement is required when providing contract claims advice to ministry personnel and others while ensuring objectivity, independence and an at-arms-Iength
relationship. Judgement is required to develop and evaluate settlement options including the benefits and risks of proceeding to litigation. Judgement is required when preparing

Accountability - Programs :

Ensures cost-effective recommendations on claims. Provides recommendations for rejection/acceptance of claims, and financial settlements. Financial offers on behalf of the ministry are made to senior officials of contractor/consultant companies concerning the value of claim settlements. The position reports to the Head, Contract Claims and is accountable regarding claim investigations, recommendations and monetary settlement value. Inappropriate recommendations may result in inequitable settlements, excessive expenditures, problematic precedent, loss of ministry
credibility with the industry and serious criticism and embarrassment to the ministry and senior executives. Work is performed with some degree of independence and recommendations are accepted as authoritative subject to the approval of others. Accountable for advice and assistance provided to others. Provides suggested direction for litigation and is accountable for advice and assistance provided to legal counsel. Accountable for quality recommendations given for policies, procedures, specifications and contract documentation.

Contact - Internal :

Frequent contact with the Head, Contract Claims, professionals, experts and officials in regional offices (all levels); provincial office units such as Estimating, Internal Audit, Legal Services and Materials Engineering & Research Office, including engineers, legal officers, estimating officers, financial officers and senior technicians, providing and receiving professional and authoritative advice and information. Contact with the Manager, Director, Executive Director and ADMto provide information, explain rationale and to seek approval of claim settlement recommendations.
Regular contact with Regional Contracts Office staff to investigate claims, explain claim settlement rationale and to maintain homogeneous relations.

Contact - External :

Frequent contact with contractor/consultant officers including, C.E.O.'s, owners, presidents, vice-presidents, financial officers, engineers and senior technicians providing information and advice in investigating and negotiating claims. Occasional contact with suppliers to establish and verify rates and costs claimed. Contact with the consulting engineers pertaining to the design or construction administration of projects.
Contact with legal counsel to assist in arbitration or litigation.