![Photo](https://falconjob.com/images/frontend/avatar-1577909_640.png)
To contact this candidate email hr6@falconmsl.com
SOUMEN PODDER
- Senior Manager
- Profile Created Date:29 Mar 2020
Description
PROFESSIONAL EXPERIENCE:
Reputed Company
Kolkata, India
From: August, 2013
To: Present
4.6 Yrs
Senior Manager – Contracts
Key Result Area
- Analysing general terms and conditions of the Contract to highlight the areas of potential risk. During the Project execution, assist the Project Managers in mitigating those risk events that arise. Monitor and support remedial actions as necessary and advise appropriate actions to the Management.
- Forensic analysis, administration, coordination and management of Claims which include schedule delay, variation in the basis of the contract, change order, escalation, design issues etc. and contract interpretation for use in negotiations with the stakeholders.
- Closely liaise with directors, managers and other specialists to develop claims resolution strategies.
- Advising on interpretation of contractual clauses and guiding towards compelling arguments with contractual and legal opinions in case of disputes and disagreements.
- Management of Disputes including Dispute Resolution Board (DRB) Proceedings, Conciliation, Arbitration right from inception to closure including preparation of written submissions / pleadings (Statement of Facts / Claims, Rejoinder, Counter Statement of Facts / Reply, Rejoinders etc.), Representing company before Dispute Resolution Board (DRB), Arbitral Tribunal.
- Drafting, vetting, approving, negotiating and settling of Contract Agreement, Partnership Agreements, Joint Venture Agreements, Subcontract Agreements, Memorandum of Understandings, Non-Disclosure Agreements, Pre-Bid Subcontracts Agreement etc. with clients and partners.
- Coordination with designated staff on operational activities and ensure compliance on contractual obligations, contract performance, contract administration and other contractual matters and securing contractual rights and entitlements.
- Coordination with Legal Consultants / Advocates for Arbitration / Legal proceedings and jointly formulating strategies / arguments for optimum results.
- Provide advice, assistance and guidance to management, project managers and functions on project specific contractual matters.
- Drafting key contractual letters.
- Interacting, assisting, ensuring contractual compliance and developing contractual awareness in other department.
Major Achievements
- Secured a Claim of INR 1,00,00,000 from National Thermal Power Corporation Ltd. (NTPC) pertaining to Rammam Hydro Electric Power Project, when the Project’s financial progress was “0%”.
- Defended Employer’s argument that a “Political Agitation is “Force Majeure” therefore no cost compensation is allowed” with legal and contractual arguments. Raised a Claim of INR 40,00,00,000 which is being considered by the Employer.
- Secured Dispute Review Board’s (DRB) recommendation for payment of INR 5,00,00,000 along with pendente lite in connection with Silchar Bypass Project.
Galfar Engineering & Contracting SAOG
Muscat, Sultanate of Oman
From: Oct, 2011
To: Aug, 2013
4 Yrs
Deputy Manager – Contracts
From: Oct, 2008
To: Dec, 2010
Engineer-Contracts
Key Result Area
- Play an active part in the Bid process in identifying commercial and contractual risks involved in respective Project to support the management of risks.
- Identify ambiguous, incomprehensible provisions within the Tender Document for raising Tender Query by thorough review of the Tender Document.
- Drafting, analysing and negotiation of Contract Agreement, Co-Operation Agreements, Partnership Agreements, Joint Venture Agreements, Memorandum of Understandings, Confidentiality Agreements, Pre-Bid Subcontract Agreement, Shareholder’s Agreement etc. with clients and partners.
- Advising and assisting in Claims Management which involve identification and development of assertive claims.
- Interpretation of contractual clauses and prepare compelling arguments with contractual and legal opinions in case of disputes and disagreements.
- Provide advice, assistance and guidance to management, project managers and functions on project specific contractual matters.
- Drafting key contractual letters.
- Interacting, assisting, ensuring contractual compliance and developing contractual awareness in other department.
Major Achievements
- Al Ghubrah Independent Water Project (Muscat, Sultanate of Oman): Negotiated, vetted and finalised the Consortium Agreement between Cadagua S.A., VA TECH WABAG Ltd. and Galfar Engineering & Contracting Co.
- Al Ghubrah Independent Water Project (Muscat, Sultanate of Oman): Negotiated and secured the EPC Contract along with the Consortium Partners.
- Drafted, Reviewed, Negotiated and caused the execution of more than 50 numbers of different forms of Agreements.
- Muscat Expressway (Muscat, Sultanate of Oman): Involved as an active member of the Claims Team, raised an EoT Claim of 1056 Days and an Over Head Cost of OMR 15 Million.
- Conducted almost 100 Hrs of Training Programme on Legal Framework of Contracts.
Degremont Ltd.
Gurgaon, India
From: Dec, 2010
To: Sep, 2011
0.75 Yrs
Assistant Manager – Contracts
Key Result Area
- Play an active part in the Bid process in identifying commercial and contractual risks involved in respective Project to support the management of risks.
- Identify ambiguous, incomprehensible provisions within the Tender document for raising Tender Query by thorough review of the Tender Document.
- Attending “Go” or “No- Go” meeting (decision taking meeting for participation in any Bidding) with Management, Execution Team, Tendering Team and Legal Team.
- Contract Administration and Claim Management of Okhla Sewage Treatment Plant (New Delhi, India).
Emirates Trading Agency LLC
Mechanical & Electrical Division (ETA MNE)
Dubai, United Arab Emirates
From: Apr, 2008
To: Oct, 2008
0.5 Yrs
Engineer – Contracts
Key Result Area
- Thorough study of Tender Terms and Conditions and identify ambiguous, incomprehensible provisions within the Tender Document for raising Tender Query.
- Drafting Specialised Subcontract Agreement.
- Active and direct participation in claim preparation.
Hindustan Construction Co. Ltd.
India
URI-II Hydro Electric Project
From: Jul, 2005
To: Apr, 2008
2.75 Yrs
Engineer - Contracts
Key Result Area
- Preparation of Contracts Appreciation Document (CAD) and distribution of the same within the project team.
- Drafting all the correspondences with the Employer related to the Project.
- Preparation of Variation Claims / Change Orders / Escalation Claims / Extension of Time (EoT) Claim.
- Interpretation of Contract terms and conditions (FIDIC Red Book 87/92 and CoPA).
- Insurance Claim preparation.
- Rate Analysis for varied items with reference to CWC Guidelines and IS 11590:1995.
- Preparation of monthly contractual reports for Management (MIS).
- Maintaining all contemporary records as per Integrated Management System (IMS) guidelines.
- Maintaining Hindrance Register.
- Maintaining Documents Management System in SAP.
Major Achievements
- Secured Extension of Time (EoT) on First Milestone and got refund of Liquidated Damages recovered by the Employer (NHPC).
- Secured Insurance Claim for Reinstatement Cost of Cofferdam.
Nationality : India
Residential country : india
Date of birth : 12-05-1982
Address : Flat – 1, 2nd Floor, Asha Apartment, 125F Bidhan Park, Kolkata-700090, India
Language: English
Language Known
Skills
- Pre-Bid and Post Award Contract Management / Change Management / Claim Management.
- Managing Extension of Time (EoT) Claim, Idling Claim, Prolongation Cost Claim and Variation Orders.
- Advising on interpretation of Contract Terms and Conditions within legal framework.
- Drafting, vetting, approving, negotiating and settling of Contract Agreements, Subcontract Agreement, Joint Venture Agreements, Consortium Agreements, Non-Disclosure Agreements (NDA), Pre Bid Subcontract Agreement and other form of Commercial Agreements.
- Hand on experience with Contract Law (with respect to Substantive Law and Common Law), Indian Contract Act, Indian Arbitration and Conciliation Act, Insolvency and Bankruptcy Code.
- Handling Arbitration and Dispute Resolution matters.
- Experienced interpreter of FIDIC and other form of Standard Conditions.
- Ability to assimilate contractual and legal issues quickly.
- Proactive attitude, ability to work independently and a desire to continuously learn new skills and technologies; exceptional analytical and problem-solving skills; calm, composed and ethical in dealing with conflicts.
- Ability to work in an expediting role. Confident manager of internal customer and stakeholders.
- Ability to work without supervision and to liaise with other team members and internal customers in the resolution of queries and disputes.
- Positive attitude & ability to work constructively within a multicultural team environment.
- Excellent written, communication and analytical skills.
- Skilled user of several computer based systems e.g. Microsoft Office (MS Office).
- Member of RICS : Royal Institution of Chartered Surveyors (MRICS)
- Management Development Programme on Contracts Management from NICMAR (2007)
KEY SKILLS AND PROFICIENCY:
PROFESSIONAL QUALIFICATION:
Education
-
2012
PG Diploma from The WB National University of Juridical Sciences University
-
India
-
2005
B E / B Tech from Jadavpur University University
-
India
Career
-
08/2013 - /
Position: Senior Manager ? Contracts
Employer: Reputed Company
Country: India
-
10/2008 - 08/2013
Position: Deputy Manager ? Contracts
Employer: Galfar Engineering & Contracting SAOG
Country: Oman
-
12/2010 - 09/2011
Position: Assistant Manager ? Contracts
Employer: Degremont Ltd.
Country: India
-
04/2008 - 10/2008
Position: Engineer ? Contracts
Employer: Emirates Trading Agency LLC
Country: United Arab Emirates
-
07/2005 - 04/2008
Position: Engineer - Contracts
Employer: Hindustan Construction Co. Ltd.
Country: India
certificate
-
MRICS
01-01-70 To 01-01-70