Commercial Director - Contracts & IP

Hatch - Mississauga, ON (14 months ago)

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Requisition ID: 21675

Job Category: Information Technology; Operational Performance; Project Management; Technology

With over six decades of business and technical experience in the mining, energy, and infrastructure sectors, we understand that challenges are changing rapidly in every industry. We respond quickly with solutions that are smarter, more efficient, and innovative. We draw upon our 9,000 staff with experience in over 150 countries to challenge the status quo and create positive change for our clients, our employees, and the communities we serve.

Main responsibilities of the position will, subject to Business Practice (BP) requirements and seniority, include the following:

1. Commercial Development

Reviewing commercial arrangements and terms contained in the proposals and contracts, including the prime contract, subcontracts and Joint Venture agreements for all BP projects and proposals. Preparing the commercial portion of proposals in accordance with BP strategy and risk review requirements.
Given the nature of the Digital/Advisory work, there will be a strong focus on preparing standard Intellectual Property (IP) terms and conditions for inclusion in all Digital proposals and contracts to ensure the protection of Hatch Background IP and for the treatment of co-created foreground IP.
Given the new commercial models being used by the Digital/Advisory group, the incumbent with be familiar with all typical software development contracting vehicles, including recurring revenue and licensing models
Development of NDAs, MOUs and JVs with Hatch technology partners and other third party companies that become engaged as part of the technology ecosystem during project execution
Continuous improvement of existing commercial arrangements: limitation of Hatch liabilities in line with Corporate requirements, reduction and mitigation of risks being undertaken, achieving target multipliers and cash neutral or cash positive payment terms, reduction and elimination of problem receivables.
Assistance with preparation and presentation of Global and Regional Risk Review documentation.
Participation in negotiations with the clients on contractual and commercial terms.
Interfacing with the regional BP leadership and Project Managers regarding on-going updates to sales forecasts, including bi-weekly management of the Advisory & Digital Work in View input meetings.
Involvement in business intelligence and developing market strategy with BU Leads, assisting them in gathering market/business intelligence.
Client engagement at the appropriate level, developing client relationships as required (engaging with client commercial management regularly), monitoring business opportunities and overseeing tender submissions.
Interface with Hatch Shared Services for Commercial proposals including Legal(T&C’s), Finance (Rates, bonds, country entity setup), Taxation, Mobility (project assignments), HR(Recruiting).

2.Business Unit Management

Interfacing with Project Managers and Sponsors, Shared Services support team members (HR, Finance, and Hatch Proposal Teams), Joint Venture partner and client representatives regarding project commercial and business issues as necessary.

3.Project Support

Working with Project managers and project staff to ensure smooth project start-up and team mobilization, especially for major projects and projects undertaken in remote areas: expatriate conditions, legal entities and taxation setup, putting in place HR, Finance and other internal policies and procedures, local and remote administration support for expatriates, including personal security.
Together with the project team, Commercial Managers, ensuring proper prime contract and Joint Venture invoicing setup, contract compliance and change management. Ensuring that first several invoicing cycles are properly completed. Establishing additional procedures with the clients related to invoicing and approvals for payment as necessary.
Project dispute resolution, audit and client procurement interface. In coordination with the Project Sponsors and the Hatch Legal Group.


Assist product managers with commercialization strategies commercial terms, and partner agreements
Advise product managers on intellectual property protection methods


Mentoring and educating project personnel in commercial issues.
BU specific activities as requested by MD, such as Project Value Benefit Analysis, write-off reviews, etc.

Engineering degree or business degree
Relevant experience in an industrial software business – desired 5+ years
Industrial Sales or Business Development experience a plus
Knowledge and practical experience dealing with intellectual property
Minimum 5 years’ experience with software licensing and various commercial models
Excellent communication and interpersonal skills, ability to work effectively independently and with various teams within Hatch.
Strong analytical skills for cost estimating, pricing, terms & conditions and financial review.
Strong writing skills for preparation of commercial proposals and correspondence to clients

This position reports jointly to the Managing Director, Digital and the Managing Director, Advisory
Coordinates with the Group Directors, Proposal Managers and Project Managers as required.

Location & Compensation:
Location is Mississauga, international travel for negotiations is required

Compensation commensurate with qualifications

We are committed to fostering a workforce in each of our locations that reflects the diversity of the communities in which we operate. Hatch is an Equal Opportunity Employer that considers employment applicants without regard to age, race, colour, national origin, citizenship, religion, creed, sex, sexual orientation, marital status, disability or any other protected status. If you have any special needs requirements, please let us know. We will do our utmost to accommodate, in accordance with applicable local legislation.