Senior Legal Counsel, Commercial Contracts at Lafarge Africa Plc

Lafarge Africa Plc is a member of the LafargeHolcim Group – the biggest building and concrete solutions company in the world. It is a publicly quoted company on the Nigerian Stock Exchange (NSE) and serves Nigeria with a wide range of building and construction solutions designed to meet housing and construction needs from small projects like individual home buildings to major construction and infrastructure projects.

We are recruiting to fill the position below:

Job Title: Senior Legal Counsel, Commercial Contracts

Requisition ID: 1210
Location: Opebi, Lagos

Job Summary
The Senior Legal Counsel, Commercial Contracts provides support across the following entities and operations; Lafarge Africa Plc, Ashakacem Limited, Wapsila Limited, Geocycle Operations, Readymix Operations and Mortar Operations in connection with:

• Mergers and acquisitions transactions
• Negotiation of professional services agreements and procurement agreements
• Commercial transactions
• Power purchase agreements and Energy Related Transactions
• Syndicated loans
• NOTAP and Related Party Agreements
• Logistics Contracts
• Strategic contracts
• Finance/Treasury transactions
• Commercial Papers, Bonds, dealing with FMDQ, OTC among others.

Job Brief

• The role involves performing legal due diligence in connection with LAP transactions, supporting the negotiation of transaction agreements (including some drafting responsibilities) and assisting the lead transactions lawyers with various other legal tasks needed to consummate transactions.
• With respect to the commercial negotiation portion of this role, in addition to traditional consulting services, commercial agreements may include large, complex technology contracts, as well as emerging technologies. 
• This role involves negotiation of the legal terms and conditions of contracts; providing a legal analysis of the associated risks; and related advice to address, manage and mitigate the risks identified. 
• This commercial contracts work is complex and requires sound experience in professional services, technology and software licenses, contract drafting, intellectual property and the negotiation of large, complex deals.
• This role will work closely with and support multiple members of the Legal, Commercial, Procurement, Industrial, Finance/Treasury, Project Management, Logistics team among others.  

Main Activities / Responsibilities
Contract Management:

• Reviewing contracts to highlight key obligations to end users and monitor end user implementation and performance of signed contracts.
• Maintain excellent working relationship with contract end users to ensure their needs are met with respect to contract drafting quality.
• Provide advice and guidance on contracts drafting, review and negotiation.
• Ensuring contract terms comply with the company’s policies and procedures.
• Investigating and addressing contract issues. 
• Ensure contract obligations are clearly understood by end users and accurately implemented.
• Visit project sites to monitor contract implementation and identify opportunities to improve contracting practices and processes and devise plans to implement these changes.
• Supervising contract execution to ensure compliance with applicable laws and regulations.
• Studying the requirements, duties and obligations of the company under contracts to ensure alignment with the company’s goals and relevant regulations.
• Meet regularly with project managers and contract end users to discuss contract matters and provide practical solutions.

Other Responsibilities:

• Performing legal due diligence reviews on target company client, vendor and other contracts to identify important risk considerations and exposures.
• Drafting ancillary transaction agreements.
• Performing legal research arising out of transactions.
• Maintaining closing checklists and assisting in various activities needed to consummate transactions.
• Reviewing revisions to standard agreements and evaluating third party agreement templates against Lafarge Africa's Plc. (LAP) standard templates.
• Drafting and negotiating contracts with third parties (master service agreements, professional services agreements, NDAs, outsourcing agreements, technology services agreements, systems implementation agreements, hosting agreements, software as a service agreements etc) to address the risks identified and levels of performance required from the third party.
• Advising Line Managers of the key contractual risks of the proposed projects and contracts.
• Advise relevant teams and other stakeholders of the key legal risks of the proposed projects and contracts.
• Coordinating with cross functional teams (including tax, finance, Industrial, Sales and Commercial team, Logistics team etc) in order to provide a comprehensive risk assessment and risk management.
• When negotiating enterprise wide agreements, to explain the objective of the Project or transaction, how risks might be mitigated and managed;
• Working to make all contractual documents compliant with LAP & Holcim's policies and maintaining an understanding of the impact of any changes in LAP & Holcim's policies, organizational structure and procedures.
• Provide advice to the relevant stakeholders in meeting obligations associated with contracts and agreements
• Use of independent judgment and thinking applied to resolution of contract issues
• Identify the projects that require communication to and consultation with other functions
• Escalate identified key contractual provisions in Transactions and other Agreements or proposed strategy.
• Work independently on non-recurring projects, with limited direction, and will need to draw upon extensive knowledge, and experience to deliver quality risk management
• Provide oversight and guidance to the Legal Counsel in executing his Job scope
• Protecting LAP’s intellectual property to prevent loss/infringement by third parties through trademarks, copyrights, patents and other appropriate safeguards
• Providing input and feedback concerning LAP’s contracting procedures
• Attending meetings and organising training sessions
• Identify and provide advice regarding potential legal risks associated with transaction counterparty contracts
• Provide advice based on the appropriate balance of risk mitigation and business interests on a real-time basis

The Legal Counsel will support the Senior Legal Counsel to do the following:

• Develop standard templates for contracts, including payment terms, general terms and conditions.
• To review, revise and update Contract Drafting and Execution Policies to align with the Delegation of Authority and Group Standards/Policies.
• Review, mark-up/draft (from scratch), negotiate and close commercial/procurement contracts, including master service agreements, Engineering, Procurement & Construction Contracts, Power Purchase Agreements etc.
• Be responsible for updating, managing and utilizing the Document Management System- the documentation execution process registry for all contracts across the business.
• Provide practical, business-oriented legal/commercial contract advice to internal clients.
• Apply innovative problem-solving skills and practical business judgment to minimize risks.
• Collaborate with and facilitate cross-team decision making among legal, finance and other teams within the business.
• Oversee Drafting, negotiating contractual terms with third party suppliers which protect the Company from a commercial and contractual perspective including strategy, risk and mitigation analysis, internal reviews and liaison with all subject matter experts in their various disciplines.
• Stay abreast of legal developments affecting the company, its clients, and industries and synthesize the information to incorporate it into the company's transactions
• Educate company’s executives as regards legal and risk management issues with regards Contract Documents
• Structure third party transactions to be most advantageous to the company from a legal and business perspective.
• Counsel, advise, and consult company executives based on the accurate interpretation of contract documents and the facts of a business opportunity.
• Develop, assess and negotiate contracts on non-disclosure, consulting, service, consignments, terms and conditions and commercial documents.
• Ensure consistency of contract terms with company policies and goals.
• Expedite and review contracts from company’s suppliers, customers and parties.
• Review and negotiate contract
• Develop contract strategies for projects.
• Ensure contract procurement and administration policies are consistent with procurement regulations.
• Manage assigned projects to completion.
• Conduct contract strategy meetings to identify issues and client requirements, and obtain end user input on commercial terms, and input on timelines and deliverables.
• Provide oversight of the contract management process, as well as development of specific standards and templates for contract negotiations and document retention management.
• Oversee organizational contract development and management activities, and enforce organizational principles of integrity and compliance.
• Communicate improvements and variations in Contracts as required by law and regulations or due to new Contract claims.
• Establish Contract Document Control and ensure Compliance with Contracting Policy.
• Timely delivery of Contract templates and drafts.
• Maintain Contracts and Advance Payment Guarantee Database.
• Update the Contract Master Data Sheet to monitor the contract drafting and execution process.
• Ensure that contracts and proposals are properly entered into organizational databases and securely maintained.
• Ensure accuracy and appropriateness of contract text and attachments.
• Develop an effective and seamless Contracting Drafting Policy, incorporating Procurement contracting process. 
• Ownership, collaboration, innovation and improvement in the Contract Drafting Process.
• Standardize all Contract templates.

Job Dimensions

• Human Dimension - Reporting to General Counsel & Company Secretary

List if Direct Reports:

• One

Key Interfaces, Stakeholders and Relationships:

• The incumbent will interact regularly with all cadres of staff. 
• He/she will also interact regularly with the external public including suppliers and other external stakeholders.

Key Performance Indicator

• Reduction of potential liability exposure to business

Job Requirements
Level of education/qualifications normally required:

• Candidates should possess a B.L / LL.B Degree

Specific Work experience:

• Must have 5 to 8 years post-bar work experience or with at least 3 years work experience in a top-tier commercial law firm.

Technical/ Functional Skills:

• Excellent organizational skills; demonstrated ability to create, plan and successfully execute projects; the ability to meet multiple deadlines in a fast-paced environment
• Excellent verbal and written communication skills; ability to interface and communicate effectively and diplomatically with all levels within the organisation.
• Excellent negotiation skills.
• Ability to assess size and scope of contemplated transactions and to tailor contracts and negotiation effort accordingly
• Highly responsive with ability to manage high workload volumes efficiently and effectively
• Exemplify creative problem solving abilities, ability to proffer commercial solution-oriented thinking with focus on exceptional client service
• Working knowledge of local and international contract laws and the company’s policies.
• In-depth understanding of different types of contracts including but not limited to engineering, procurement and construction contracts, FIDIC contracts, contracts for simple capex projects, derivatives contracts, loan agreements and facility documents, joint venture agreements etc.
• Excellent contract review and drafting skills
• Strong project management skills
• Excellent interpersonal skills
• High degree of emotional intelligence
• Ability to work effectively with cross functional teams
• Ability to understand, and accurately articulate and document, complex transactions
• Expertise in negotiation techniques, contract law, contract drafting, licensing, intellectual property and project management
• Exemplify strong attention to detail

Behavioral Competence:

• Good interpersonal skills
• Strong  team player
• Adaptable
• Tact and tolerant
• Ability to work well under pressure and adhere to set deadlines
• Resilient and Motivated

Leadership and Managerial Competence:

• Excellent management skills and ability to organize and plan effectively to meet both short and long range goals and objectives.
• Works independently on complex projects
• Comfortable proceeding based on guidance and general direction rather than hands-on micro management and supervision
• Supervise and/or manage training and development of team members​​​​​​​.
• Ability to manage multiple project plans successfully and simultaneously.
• Ability to motivate individuals and teams
• Able to coach and direct a diverse team

How to Apply
Interested and qualified candidates should:
Click here to apply