Commercial Manager

At Clearway we are committed to every project. We pride ourselves on a keen work ethic and more importantly, the talent and skill of our people. In fact, the Clearway Staff is the reason why so many organizations turn to us for the most complex construction assignments. That is how we’ve evolved from a sewer and watermain contractor, to one of Canada’s most reputable construction companies with as many capabilities as there are needs.

Clearway has been operating for more than 50 years, specializing in sewers and watermains, transportation, dry utilities, shoring, road reconstruction, bridges, concrete forming, marine, environmental remediation and treatment plants / pumping stations.

If you are looking to work for a growing company who values the contribution of its employees and you demonstrate creativity, ingenuity, initiative and a high-level commitment then we are the company for you. We offer challenging and rewarding career opportunities, with room to grow, learn and excel.

Summary: 

The Commercial Manager provides contract and commercial leadership across Clearway’s preconstruction pursuits and construction projects. The role establishes commercially sound pursuit positions, supports contract formation and negotiation, administers agreements, protects contractual entitlement, and leads change, claims, and dispute-avoidance activities through project closeout.

Working across the full project lifecycle, the Commercial Manager connects proposal, estimating, legal, finance, risk, procurement, project controls, operations, and project teams with clients, joint-venture partners, designers, subcontractors, suppliers, sureties, insurers, and external counsel. The position supports all Alternative Procurements and Major Projects, including DB, PDB, CMAR, Alliance, CMGC, P3, IPD, and other collaborative delivery models.

The Commercial Manager will report directly to the Vice-President, Alternative Procurement.

Location: Clearway's Head Office – Maple, ON (this role is open to hybrid opportunities, but must be Ontario based as visits to project sites and meetings across the Greater Toronto Area will be required)

Hours of Operations: 8:00 am to 5:00 pm 

As a heavy civil contractor, Clearway’s workforce requirements can fluctuate with project schedules and anticipated contract awards. We are currently seeking skilled candidates to join our team and encourage qualified applicants to submit their application.

Essential Duties & Responsibilities:

• Lead contract and commercial management from opportunity assessment, prequalification, bid strategy, proposal development, negotiation, and award through construction execution, warranty, and final closeout.
• Review RFQs, RFPs, project agreements, supplementary conditions, output specifications, technical requirements, reference information, addenda, and owner forms to identify obligations, risk allocation, gaps, interfaces, and commercial exposures.
• Develop contract risk and opportunity matrices, compliance reviews, contractual summaries, flow-down schedules, responsibility matrices, qualifications, assumptions, exclusions, deviations, and recommended negotiation positions.
• Advise pursuit leadership on procurement rules, bid commitments, bonding and security, insurance, guarantees, liability, indemnities, warranties, schedule obligations, payment, change, relief events, termination, and dispute resolution.
• Support the development, review, and negotiation of teaming, confidentiality, joint-venture, partnership, design, subcontract, consultancy, purchase, and other project agreements.
• Coordinate with internal and external legal counsel while maintaining day-to-day ownership of contract strategy, issue resolution, document development, negotiations, and implementation.
• Establish contract-management plans, commercial procedures, approval authorities, correspondence protocols, notice registers, deliverable calendars, change logs, claims registers, obligation trackers, and document-control requirements.
• Translate complex contract terms into clear guidance, training, checklists, and action plans for executive, project, field, estimating, scheduling, and technical personnel.
• Administer owner contracts and ensure notices, submissions, records, certifications, deliverables, and contractual timelines are assigned, monitored, and completed.
• Lead change management, including identification, notice, entitlement, causation, schedule and cost impact coordination, pricing, substantiation, negotiation, approval, and incorporation into project controls and forecasts.
• Support delay, disruption, differing site condition, utility, design, access, third-party, force majeure, suspension, acceleration, and other claims through coordinated records, schedule, cost, technical, and legal analysis.
• Draft and review contractual correspondence, notices, change submissions, position papers, settlement terms, executive briefings, and claim narratives.
• Promote early issue resolution and dispute avoidance and lead or support negotiations, mediation, adjudication, arbitration, litigation support, and settlement implementation when required.
• Support procurement plans, contract packaging, scopes, commercial terms, tender evaluations, recommendations, negotiations, awards, and flow-down of prime-contract obligations.
• Oversee subcontract and consultant administration, including compliance, payment, change, claims, performance, security, insurance, warranties, deficiencies, and closeout.
• Partner with finance and project controls on contingency governance, revenue and margin protection, cash flow, billing, receivables, committed cost, accruals, forecasting, and commercial reporting.
• Support collaborative governance, open-book processes, target-price or GMP development, pain/gain mechanisms, reserved matters, joint decision-making, and transparent reporting.
• Prepare commercial reports for Clearway leadership and applicable joint-venture boards or governance committees, highlighting exposure, entitlement, decisions, mitigation, and trends.
• Build productive stakeholder relationships, mentor project and commercial staff, and strengthen Clearway’s contract-management capability through templates, training, lessons learned, and continuous improvement.
  

Requirements:

• Typically 10+ years of progressively responsible contracts, commercial, legal, procurement, quantity surveying, project controls, or project-management experience in construction or major infrastructure.
• Demonstrated contractor-side experience managing contracts through both preconstruction and construction execution on large, complex projects.
• Experience with alternative and collaborative delivery models such as DB, PDB, CMAR, Alliance, CMGC, P3, or IPD, as well as conventional construction contracts.
• University degree in Engineering, Construction Management, Business, Commerce, Quantity Surveying, Law, or a related discipline, or an equivalent combination of education and experience.
• A law degree, education or certification in Construction Law, or advanced training in contracts, claims, dispute resolution, or commercial management is a strong asset.
• Strong knowledge of contract interpretation, risk allocation, procurement, subcontracting, change management, claims, schedule and cost impacts, payment, security, insurance, and dispute resolution.
• Ability to connect contractual entitlement with construction methodology, project records, schedule analysis, cost substantiation, and practical field execution.
• Excellent drafting, negotiation, analytical, communication, organization, leadership, commercial awareness, and problem-solving skills.
• Proficiency in Microsoft Office and common contract, document-management, and project-control platforms. Experience with Bluebeam, Primavera P6, ERP, or change-management systems is an asset.
• Professional designations such as MRICS, PQS, PMP, Gold Seal, or admission to a Canadian law society are assets but are not required.
• Ability to work in a hybrid and flexible environment and travel to project sites and meetings across the Greater Toronto Area and surrounding regions, as required.

Benefits:

• Competitive Salary with annual cost of living increases
• Annual Bonus Program
• Group RRSP with 100% Matching
• 100% Company Paid Benefits
• Extended Health Care
• Dental Care
• Vision Care
• Disability Insurance
• Vacation & Personal Days, plus Paid Holiday Shutdown
• Parental Leave Top-up Program
• Employee Assistance Program (EAP)
• Life Insurance
• Wellness Programs
• Free On-site Parking
• Casual Dress

Salary Range: $150,000 - $190,000 (CAD)

The posted salary range is intended to provide transparency and may vary based on experience, skills, and qualifications.

AODA:

Clearway is committed to maintaining an accessible and inclusive organization. We are committed to providing barrier-free and accessible employment practices in compliance with the Accessibility for Ontarians with Disabilities Act (AODA). Disability-related accommodation during the application process is available upon request.