Job Description

Bilfinger is a leading international industrial services provider, driving efficiency and sustainability for the process industry. With about 31,000 employees and over €5.4 billion in revenue in 2025, we offer solutions in consulting, engineering, manufacturing, maintenance, turnarounds, and digital applications across key sectors like energy, chemicals, pharma, and oil & gas.

Shape the future with Bilfinger UK: With a strong commitment to sustainability, Bilfinger UK stands out as a premier provider of engineering and maintenance services. For over 50 years, Bilfinger UK has consistently pushed the boundaries of innovation, delivering advanced solutions that support industries, infrastructure, and communities across the United Kingdom.

As a key member of the globally respected Bilfinger Group, Bilfinger UK has built a reputation as a versatile leader, offering both onshore and offshore services. From energy and utilities to pharmaceuticals and petrochemicals, the company’s broad expertise across various sectors makes it a trusted partner in the industry, as well as a work environment where you can develop your potential.

At Bilfinger, we offer a work environment where you can learn and grow. Join us and be part of a team shaping the future!

Function: Commercial
Coverage: UK/ West Europe Projects Portfolio
Reports to: Commercial Director / Business Controller Pre-Fab and Installation
Direct / Functional Reports: Commercial Managers, Managing Quantity Surveyors, Quantity Surveyors, Change Managers and associated commercial resources

Role Purpose

The Head of Commercial is responsible for providing strategic commercial and contractual leadership across the projects portfolio, with primary accountability for margin protection, commercial governance, contractual strategy, financial assurance, risk management and commercial performance.

Operating as the senior commercial authority for Projects, the role provides expert leadership throughout the complete project lifecycle — from tender and contract negotiation through project execution, change, claims, recovery, dispute resolution and final account.

The Head of Commercial acts as the principal escalation point for significant commercial and contractual matters and provides direct intervention on projects requiring special measures due to deteriorating margin, programme delay, significant change, contractual dispute, cash exposure or other material commercial risk.

A fundamental requirement of the role is extensive contractual knowledge and the ability to understand, interpret, articulate, present and negotiate complex contractual positions, translating contractual provisions into practical strategies that protect the Company’s entitlement and financial performance.

The role provides independent commercial challenge to project teams and senior management, ensuring that reported project performance is evidence-based, contractual rights are preserved and commercial risks are identified and addressed before they crystallise into financial loss.

The Head of Commercial also owns the development and consistent application of commercial standards across Projects, including CVR, forecasting, contract administration, commercial assurance, claims management, tender governance and commercial capability development.

Key Accountabilities

Margin Protection & Commercial Performance

Lead the protection and optimisation of margin across the Projects portfolio.

Maintain oversight of project commercial performance and proactively identify indicators of:

• margin erosion;
• cost growth;
• unrecovered change;
• programme and delay exposure;
• productivity deterioration;
• unsupported revenue;
• subcontract exposure;
• cash deterioration;
• emerging contractual liability; and
• other threats to forecast project performance.

Challenge project teams where commercial assumptions are inconsistent with the underlying contractual, operational or financial position.

Develop and implement commercial recovery strategies with project leadership where performance deviates materially from the approved position.

Ensure commercial issues are addressed proactively rather than being retrospectively recognised through margin deterioration.

Drive identification and realisation of commercial opportunities alongside management of downside risk.

Senior Contractual Authority

Act as the principal commercial and contractual escalation point across the Projects portfolio.

Provide expert interpretation and application of NEC and other relevant engineering and construction contracts, including bespoke amendments and associated commercial agreements.

Provide strategic advice concerning:

• change and variations;
• Compensation Events;
• payment and valuation;
• delay and disruption;
• extension of time;
• acceleration;
• programme obligations;
• damages;
• indexation and inflation;
• risk allocation;
• liability;
• suspension and termination;
• claims;
• final account; and
• contractual dispute.

Interpret complex contractual provisions and translate them into clear, commercially focused strategies and practical instructions for project teams.

Ensure contractual positions are founded upon the executed contract and contemporaneous evidence rather than custom, assumption or historic project practice.

Commercial Strategy & Executive Counsel

Act as senior commercial adviser to Project and Business leadership.

Provide clear and objective advice concerning significant commercial decisions, contractual exposure and strategic options.

Develop commercial strategies for complex or high-value matters, balancing contractual entitlement, financial impact, programme requirements, client relationships and wider business considerations.

Present complex contractual and financial matters in concise terms to enable informed executive decision-making.

Provide recommendations concerning negotiation parameters, settlement strategy, risk acceptance and escalation.

Challenge decisions where the proposed course of action exposes the business to disproportionate or inadequately understood commercial risk.

Special Measures & Project Intervention

Act as the senior commercial focal point for projects requiring enhanced commercial intervention or special measures.

Undertake rapid commercial health assessments to establish the true project position, including:

• contract and entitlement;
• current and forecast margin;
• cost to complete;
• programme and delay;
• outstanding change;
• claims;
• cash and working capital;
• WIP;
• subcontract liabilities;
• client exposure;
• risk and opportunity; and
• adequacy of project commercial controls.

Establish a clear commercial recovery plan, identifying actions, owners, values, priorities and timescales.

Provide direct leadership and intervention where existing project commercial arrangements are insufficient to protect the business.

Coordinate Commercial, Project Management, Planning, Engineering, Finance, Procurement and Legal resources to implement recovery actions.

Remain engaged until appropriate controls are established and the project commercial position has stabilised.

Claims Strategy, Preparation & Substantiation

Lead the strategy, preparation and presentation of significant contractual claims and commercial submissions.

Establish the appropriate contractual basis and evidential strategy required to demonstrate entitlement.

Ensure claims establish a clear relationship between:

Event → Entitlement → Causation → Effect → Quantum.

Direct the preparation and collation of:

• contractual notices;
• chronology;
• contemporaneous project records;
• correspondence;
• programme and delay evidence;
• technical evidence;
• change records;
• labour, plant and productivity records;
• cost and quantum evidence;
• cause-and-effect analysis;
• contractual narrative; and
• supporting substantiation.

Critically review claims before submission to ensure they are coherent, contractually robust, appropriately quantified and capable of withstanding detailed scrutiny.

Lead the presentation and negotiation of material claims with clients and their advisers.

Dispute Avoidance, Preparation & Resolution

Lead commercial strategy where matters become contentious or progress towards formal dispute.

Maintain a strong focus on early resolution and dispute avoidance where this represents the optimum business outcome.

Where formal proceedings become necessary, work with internal and external Legal, delay experts, quantum experts, counsel and other professional advisers.

Support preparation for adjudication, mediation, arbitration, litigation or other dispute-resolution procedures as applicable.

Lead the commercial assembly and review of factual and documentary evidence.

Prepare, review and contribute to:

• witness statements;
• statements of fact;
• chronologies;
• position papers;
• claims narratives;
• quantum evidence;
• rebuttal material; and
• supporting documentation.

Support project witnesses in establishing clear factual evidence and understanding the relevant contractual issues.

Review opposing claims and identify weaknesses, inconsistencies and areas requiring challenge or rebuttal.

CVR & Month-End Commercial Assurance

Own and drive consistent Cost Value Reconciliation (CVR) and project commercial reporting standards across the portfolio.

Lead the commercial review, audit and challenge of month-end project financial submissions.

Interrogate:

• contract value;
• revenue recognition;
• value earned;
• actual and committed cost;
• accruals;
• WIP and unbilled revenue;
• cost to complete;
• Estimate at Completion;
• forecast margin;
• margin movement;
• change and claims assumptions;
• subcontract liabilities;
• risk and opportunity;
• cash and working capital; and
• movements against previous forecast and baseline.

Require significant movements to be clearly explained and supported.

Challenge unsupported assumptions, including forecast recovery of unagreed change or claims.

Ensure foreseeable liabilities and commercial exposures are appropriately recognised and are not deferred through optimistic recovery assumptions or unrealistic cost-to-complete forecasts.

Provide independent commercial assurance to senior management regarding the integrity and credibility of project month-end numbers.

Work closely with Finance while retaining commercial ownership of the contractual and operational assumptions underpinning project forecasts.

Commercial Governance & Assurance

Establish and maintain the commercial governance framework for Projects.

Define minimum standards and expectations for:

• contract administration;
• change management;
• CVR and forecasting;
• cost control;
• measurement and valuation;
• claims;
• subcontract management;
• risk and opportunity;
• cash management;
• record keeping;
• delegated authority; and
• commercial close-out.

Undertake targeted commercial audits and project health checks.

Identify weaknesses in commercial controls and ensure corrective actions are implemented.

Ensure significant commercial commitments and contractual positions receive appropriate review and authority.

Drive consistent commercial discipline across the project portfolio.

Tender & Work-Winning Commercial Leadership

Act as the lead commercial representative for major tenders and strategic opportunities.

Lead the commercial review of tender documentation and proposed contractual terms, including:

• conditions of contract;
• amendments and bespoke clauses;
• pricing mechanisms;
• Scope and commercial assumptions;
• payment provisions;
• change mechanisms;
• programme obligations;
• delay damages;
• liability and indemnity;
• bonds and guarantees;
• insurance;
• indexation and inflation;
• intellectual property;
• termination and suspension;
• supply-chain obligations; and
• overall allocation of commercial risk.

Identify material contractual risks and opportunities and ensure these are appropriately priced, mitigated, qualified, negotiated or formally accepted through business governance.

Lead preparation of commercial qualifications, exclusions, assumptions and contractual departures.

Challenge tender pricing, contingency and risk allowances to ensure proposed margin appropriately reflects the risk being accepted.

Coordinate commercial input from Operations, Estimating, Finance, Legal, Tax, Insurance, Procurement and other specialist functions.

Tender Clarification & Contract Negotiation

Lead the commercial response during client tender clarification and negotiation.

Develop negotiation strategies and establish acceptable commercial positions and authorities prior to client engagement.

Present and negotiate contractual departures, pricing assumptions, risk allocation and commercial qualifications.

Ensure commitments made during clarification are fully understood, documented and appropriately authorised.

Prevent unintended contractual risk being introduced through clarification correspondence or negotiation.

Lead final commercial contract review prior to execution.

Ensure there is a structured tender-to-project handover, providing the delivery team with a clear understanding of:

• contractual obligations;
• agreed departures;
• pricing basis;
• tender assumptions;
• qualifications;
• risk allocation;
• key commercial opportunities; and
• matters requiring active management during execution.

Risk & Opportunity Management

Provide senior commercial oversight of project risk and opportunity.

Ensure material commercial risks are identified, quantified and appropriately reflected within project forecasts.

Challenge the adequacy of project risk allowances and mitigation strategies.

Drive identification of opportunities to improve recovery, protect margin, reduce cost or mitigate contractual exposure.

Ensure lessons from emerging project risks are communicated across the wider portfolio.

Cash, Working Capital & Revenue Recovery

Maintain senior oversight of cash and working-capital performance across Projects.

Challenge aged WIP, overdue certification, outstanding applications and delayed client payment.

Ensure project teams actively pursue contractual entitlement to payment and maintain appropriate records supporting applications.

Identify projects creating disproportionate cash exposure and implement appropriate recovery actions.

Ensure commercial settlements consider both margin and cash consequences.

Support escalation of significant payment disputes where required.

Supply Chain Commercial Strategy

Provide senior commercial oversight of procurement and subcontracting strategy.

Ensure appropriate alignment between upstream client obligations and downstream supply-chain arrangements.

Review significant subcontract commercial terms and risk allocation.

Prevent inappropriate transfer of risk to the business through poorly aligned subcontract arrangements.

Provide senior intervention in significant subcontract disputes, claims and final accounts.

Work with Procurement and project teams to improve supply-chain commercial performance and contracting strategy.

Client & Stakeholder Management

Act as senior commercial interface with clients on significant or strategically important matters.

Lead high-level negotiations where issues exceed project authority or existing project relationships have been unable to achieve resolution.

Develop credible relationships with client commercial and project leadership while maintaining appropriate protection of the Company’s contractual interests.

Support project teams in developing negotiation strategies and settlement parameters.

Represent the commercial function at project, business and executive governance forums.

Commercial Leadership & Team Development

Provide functional leadership to the Projects commercial community.

Set clear expectations for Commercial Managers, Managing Quantity Surveyors, Quantity Surveyors, Change Managers and associated commercial personnel.

Ensure appropriate commercial resource and capability is deployed according to project value, complexity and risk.

Provide mentoring, coaching and professional direction to senior commercial personnel.

Support recruitment, performance management and succession planning.

Create an environment in which commercial professionals are expected to challenge, advise and influence, rather than simply administer.

Commercial Capability & Training

Own the identification of commercial capability gaps across Projects and establish appropriate training and development requirements.

Develop and roll out training in areas including:

• NEC and other forms of contract;
• contract administration;
• Compensation Events and change;
• CVR and forecasting;
• commercial awareness;
• claims preparation and substantiation;
• contemporaneous records;
• subcontract management;
• negotiation;
• risk and opportunity; and
• dispute avoidance.

Extend commercial training beyond the commercial function to Project Managers, Engineers, Planners and other project personnel whose actions influence contractual entitlement and financial performance.

Use lessons learned from live projects, special-measures interventions and disputes to improve commercial capability across the business.

Project Lifecycle & Final Account

Ensure commercial strategy and appropriate controls are established from project inception.

Maintain senior oversight of strategically significant final accounts.

Ensure outstanding change and claims are progressively resolved rather than accumulated towards project completion.

Lead or support major final-account negotiations and commercial settlements.

Ensure settlements receive appropriate governance and accurately reflect contractual entitlement, risk and business objectives.

Capture commercial lessons learned at project close-out and ensure these inform future tendering and project delivery.

Continuous Improvement & Commercial Standards

Drive continuous improvement in commercial management across the Projects portfolio.

Benchmark project practices and identify opportunities to improve systems, processes and controls.

Standardise commercial reporting and governance where this improves transparency and decision-making.

Ensure lessons from claims, disputes, margin deterioration, successful recovery and project delivery are systematically fed back into:

Tender → Contract Negotiation → Project Mobilisation → Delivery → CVR → Claims/Recovery → Close-Out → Future Tender Strategy.

Promote a culture of commercial accountability throughout the project organisation.

Key Deliverables / Measures of Success

The Head of Commercial will be accountable for:

• Protection and optimisation of project margin across the portfolio.
• Accurate and credible commercial forecasting and month-end reporting.
• Robust challenge and assurance of project CVRs, EACs and cost-to-complete forecasts.
• Early identification of margin deterioration and commercial exposure.
• Effective recovery plans for projects placed into special measures.
• Timely escalation of material commercial and contractual risks.
• Robust contractual strategies for significant change, delay and disputed matters.
• High-quality claims demonstrating entitlement, causation, effect and quantum.
• Effective commercial leadership of formal dispute preparation where required.
• Reduction in aged and unresolved commercial exposure.
• Effective management and improvement of cash and working-capital performance.
• Successful negotiation and resolution of significant claims, disputes and final accounts.
• Consistent application of commercial governance standards across Projects.
• Effective commercial leadership of strategic tenders and contract negotiations.
• Appropriate pricing, mitigation, qualification or escalation of material tender risks.
• Clear and controlled tender-to-project commercial handover.
• Appropriate upstream/downstream contractual alignment.
• Effective development and deployment of commercial resources.
• Delivery of commercial training and measurable improvement in commercial capability.
• Strong commercial representation at client and executive level.
• Demonstrable implementation of lessons learned across future projects and tenders.

Experience & Qualifications

The successful candidate will demonstrate:

• Extensive senior commercial leadership experience within major engineering, construction, energy, industrial or infrastructure projects.
• Expert practical knowledge of NEC, IChemE, JCT and FIDIC contracts, including the ability to interpret and apply complex contractual provisions.
• Strong knowledge of other engineering and construction contract forms and bespoke contractual amendments.
• Significant experience managing commercial performance across a portfolio of projects, rather than solely an individual project.
• Demonstrable experience protecting and recovering project margin.
• Strong CVR, EAC, forecasting and project financial-management capability.
• Experience leading commercial intervention and recovery of distressed or underperforming projects.
• Significant experience of complex change, delay, disruption and claims.
• Experience preparing and substantiating major contractual claims.
• Experience supporting formal dispute-resolution processes and working with Legal, delay and quantum specialists.
• Experience preparing or supporting witness evidence and factual substantiation.
• Demonstrable experience leading major commercial negotiations and settlements.
• Significant tender, contract review and clarification experience.
• Strong understanding of supply-chain commercial management and procurement strategy.
• Experience leading and developing multi-project commercial teams.
• Ability to operate credibly with clients and senior/executive business leadership.
• Relevant Degree and a minimum of 10 years professional experience in senior/ management level Quantity Surveying, Commercial Management, Construction Law or a related discipline.
• Professional membership such as MRICS or equivalent is desirable.

Leadership Attributes

The Head of Commercial will:

• demonstrate exceptional commercial judgement and contractual understanding;
• protect margin without losing sight of sustainable client relationships and project delivery;
• challenge unsupported optimism and poor commercial practice;
• rapidly identify the core commercial issue within complex project circumstances;
• make evidence-based decisions under pressure;
• confidently challenge at Project Director, Client and Executive level;
• communicate complex contractual matters clearly and persuasively;
• be an accomplished negotiator;
• take ownership of difficult and contentious situations;
• combine strategic thinking with the ability to interrogate detailed project information;
• create accountability within project and commercial teams;
• develop capability and commercial awareness in others; and
• maintain a strong focus on prevention, early intervention and commercial resolution.

Overall Role Objective

To protect and optimise the margin and commercial performance of the Projects portfolio by providing authoritative contractual leadership, rigorous financial and commercial governance, effective tender and negotiation strategy, and decisive intervention where projects are exposed to material commercial risk.

The Head of Commercial will ensure that contractual entitlement is identified, preserved, evidenced, presented and negotiated effectively; that project financial performance is subject to robust and independent challenge; and that the lessons arising from project delivery, claims and disputes are translated into stronger commercial practices, improved capability and better contracting decisions across the business.

For additional information please contact Leo Andrew Carvel Taylor by email leo.taylor@bilfinger.com.

Bilfinger is an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to ethnicity, color, religion, sex, sexual orientation, gender identity, national origin, disability or other characteristics protected by law.

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