Job Specification

Purpose :

- To coordinate and supervise the review and analysis of claims for additional compensation from construction contractors, maintenance contractors
and consultants within a region; to recommend resolution, response and negotiate monetary settlements within designated level of authority.
- To provide technical advice and guidance to regional staff and management, contractors and consultants on matters related to engineering,
maintenance, claims resolution, contract changes and related policy issues.
- To provide input and advice regarding the development and application of new policy, standards and special provisions.

Key Responsibilities :

1. Claims Management/Negotiations
- Reviews and analyzes Regional level claim submissions and contract documents to determine the validity of claim principle and justify appropriate
quantum. Ensures consistency of claim principle application and approach to settlements.
- Determines and recommends settlement options and negotiation strategies to resolve engineering, maintenance, and consultant claims within the
Regional level of claim resolution.
- Coordinates and conducts negotiation meetings with claimants to provide fair compensation for legitimate claims within designated level of authority.
- Reviews and responds to both Consultant Performance Rating appeals and Contractor Rating appeals, makes recommendations to the Manager of
Contracts.
- Recommends and carries out investigations into engineering records and quantities to establish actual costs.
2. Technical Advice/ Issues
- Consults with Head Office Claims regarding issues which may be precedent setting and/or have broad provincial implications on ministry policy and
standards by discussing contentious issues prior to implementing negotiations.
- Provides advice and guidance on matters relating to engineering or maintenance to Regional staff, including proper documentation required for
investigating/ analyzing claims, change orders, and extension of time requests.
- Provides training and assistance to staff assigned to the Office.
3. Quality Control and Policy
- Prepares detailed reports for all claims indicating recommended settlements, rational for settlement or denial, rationale for settlement values and
recommendations for possible future avoidance of claim issues; provides quarterly updates to Construction Office (Head Office) indicating status of all
regional claims.
- Monitors, reviews Change Orders and performs Regional tracking of reports related to Intents to Claim; ensures an effective and consistent approach
to the contracting industry.
- Initiates required changes to design, procedures or specifications in order to prevent claims of a similar nature on future contracts.
- Reviews new specifications, policies and procedures for comments and recommendations to help minimize future claims.
4. Staff Supervision
- Coordinates and directs the activities of Claims Analysts and others assigned to review and evaluate claim submissions, including assigning and
tracking work, monitoring work performance, providing input to performance reviews and candidate selection, and referring disciplinary issues to the
Manager.
- Provides technical expertise and training to staff.

Knowledge / Skill :

Knowledge of and skills in:
- Interpreting and applying highway engineering principles, practices and policies, construction and maintenance policies, specifications, standards and
relevant legislation to understand/ assess actual or perceived changes to contractual requirements when reviewing/ determining appropriate action in
response to claims.
- Construction industry, contractor-engineering methods, estimating techniques and bidding procedures to assess contractor's claims and provide
reasoned/ knowledgeable rebuttal to inflated claim assumptions and values.
- Current and past legal precedent involving highway construction projects and related contract law case studies to be used as a guide for the
assessment of specific claim issues.
- Oral communication to deal with all parties involved with the submitted claims, conduct effective negotiation meetings and make compelling
recommendations for support of resolution strategies and justification of ministry positions; written communication to prepare technical reports,
recommendations and rationale statements.
- Investigative to coordinate and conduct investigations into complex claim issues, identify legal and ministry policy implications, determine validity and
recommend solutions to resolve claims.
- Group leadership, planning and supervision to direct the activities of subordinate staff, set objectives, control workflow, monitor work quality, and
provide training and guidance to staff.
- Risk assessment and risk management principles to make recommendations for resolution of claims that are in the best interest of the ministry.
- Applying computer software applications (e.g. word processing, spreadsheet) and various ministry programs (e.g.
Highway Information Costing System (HICO), Contract Payment Administration (CPA), Capital Improvement Delivery System, Contract Preparation
System) to prepare reports, correspondence, review data, and conduct analysis.

Interpersonal / Influencing Skill :

- Consultation and negotiation skills to advise on/ interpret ministry engineering policy/standards/practices to resolve complex claims, influence
agreement of ministry position and achieve settlement of claims in the best interests of the ministry.
- Interviewing skills to obtain pertinent information from individuals who may have knowledge relevant to a claim issue under review.
- Conflict resolution and mediation skills to deal effectively with individuals who may have strong, opposing opinions and convictions about claim issues
and settlement strategies.
- Presentation skills to provide advice to regional staff, with other jurisdictions, contracting and consulting industry on matters related to claims.

Analyzing / Problem Solving Skill :

Analyzing and problem solving skills in:
- Evaluating claims to establish, and determine the validity of, the claim principle based on contractual requirements, general guidelines and practices,
and, legal precedent.
- Performing claim costing analysis to verify and support legitimate costs; dispute erroneous costing; resolve costing discrepancies to establish a fair
range of compensation.
- Organizing and synthesizing information from various sources to validate claim settlement principles and resultant costs, and to develop reasoned,
logical, rebuttal and/or denial of claims at the Regional level.
- Reviewing contract documentation to identify conflicting, ambiguous, or misleading contractual requirements; assessing potential impacts, and
developing strategies to resolve the conflicts and mitigate possible cost implications.

Decision Making / Responsibility :

Responsible for:
- Determining and justifying the Region's position regarding settlement or denial of submitted claims.
- Resolving all Regional level claims in the best interest of the ministry with respect to precedent and financial impact.
- Forecasting potential claim settlement values to ensure appropriate funding is budgeted for expenditure.
Has latitude to:
- Determine principle of claims and recommend denial or settlement.
- Calculate, verify or corroborate direct and indirect costs of legitimate claims.
- Negotiate settlements of claims on approval of manager within parameters established through claim analysis and within designated level of authority.
Decisions are guided by functionally related legislation, ministry policies, standards, practices and protocols, contract law, legal precedent, contract
documents, auditing/ accounting principles and practices relevant to contract bidding and payment processes.

Contacts / Stakeholder :

- Ministry regional staff (e.g., Manager, Regional Contract Engineer, Area Contract Engineers, Contract Control Officers, Quality Assurance Office, other
Regional Offices, including Geotechnical, Highway engineering, Traffic Operations, Environmental) to discuss contentious issues or claims, obtain facts,
insight or input with regards to submitted claims, determine conflicts with contract requirements.
- Ministry Offices external to the Regions to provide input and opinions regarding new or appended specifications or special provisions prior to
implementation and to obtain information that will assist in resolving claims/ issues. - Ministry Legal Branch to discuss and seek advice on contentious issues of a precedent nature, to seek advice on matters of contract law.
- Construction/Maintenance Contractors or Consultants to discuss or review contentious issues, obtain claim information not submitted with their claim,
to obtain information or insight regarding methods/ procedures on their projects, and carry out negotiations and settlement of claims.

Guidance / Supervision :

- Supervises Claims Analysts including assigning and tracking work, monitoring performance, dealing with work quality problems, providing input to
performance reviews and providing training and technical expertise.
- Provides guidance, technical expertise and makes recommendations to regional construction, maintenance and engineering services staff with
regards to resolving contentious issues, avoiding possible claim scenarios, and determining fair and equitable compensation.

Demands / Pressures :

- Continued pressure to provide claim resolution within contractually specified time limits regardless of complexity of claim or timing of submissions due
to seasonal workload fluctuations.
- Required to shift focus and concentration on a daily basis to provide reasoned, informed response to diverse queries regarding contract administration
and potential claim situations.
- Pressure to maintain composure and tact during frequently prolonged, antagonistic and intense negotiation sessions with contractors.
- Occasional intense pressure ranging from a few hours to several days to provide timely input and/or resolution strategies on emerging contract issues
on multiple contracts in order to minimize impacts and potential costs.
- Occasional requirement to provide claim summary data in various formats requested by senior management within tight deadlines.

Mental / Sensory :

- Frequent and prolonged periods of reading at a high level of concentration to absorb, and comprehend, technical data/publications, contractual
documents, specifications, special provisions, legal positions and interpretations, ministry policies/guidelines, and claim submittal documentation, in
order to conduct claim analysis.
- Frequent, short duration periods of intense listening to comprehend and respond to queries related to claims and/or contract administration.
- Occasional long periods (up to several hours) of listening with a high level of concentration during claim review and negotiation meetings with multiple
contractor representatives including lawyers.
- Occasionally required to observe new procedures and practices on construction sites in order to calculate production cost that can be used to help
settle future claims that maybe a result of these new practices.

Conditions / Environment :

- Work is normally performed in a typical office environment.
- Occasionally required to visit construction sites with potential exposure to public traffic, construction equipment, dust and noise.