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Legal Advisor

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About Ministry of Public Works (MoPW) Trans Hindukush Road Connectivity Project (THRCP)

Governmental officeThe Ministry of Public Works (MPW) is responsible for the planning, monitoring, maintenance and development of the various transport infrastructure projects such as Roads, Bridges, Culverts, Railway and Airport in the government of the Islamic Republic of Afghanistan. Therefore to enhance the capacity to strengthen its ability to deliver effective, efficient and transparent services in MPW the Human Resource Directorate wishes to recruit the following staff on contract basis from development Budget for the Ministry of Public works.

Trans Hindukush Road Connectivity Project (THRCP)

Improving Afghanistan’s infrastructure is essential for accelerating economic growth and poverty alleviation. Despite very significant investment during the past decade, the country requires much additional investment in transport infrastructure to ensure basic service delivery and enhance the quality of life of its growing population, and also to reduce constraints on market access, regional trade and economic growth. The functioning of Afghanistan’s economy and the country's national integration depend to a large degree on reliable road connections across the Hindukush mountain range, which stretches from the northeast of Afghanistan to the center of the country and thereby establishes a physical barrier between the two key economic regions which are also the most highly populated areas.

The Government of Afghanistan has obtained funding of US$ 250 million from the World Bank (International Development Association – IDA) to develop, fund and help manage a project to ensure reliable trans-Hindukush connectivity. . This objective will achieve through (i) rehabilitation of the 86 km Salang Pass and development of the 152 km Baghlan to Bamyan (B2B) road to become a viable alternative to the Salang Pass, and (ii) to establish suitable arrangements for the management, maintenance and operation of those two roads. The objective of this project can only be achieved through an integral project which combines the above-mentioned elements.

The THRCP project is being delivered by a government led Project Management Team (PMT) and a new Construction Supervision Unit (CSU) has been set up to undertake site supervision of all associated contracts. In parallel, the client has also appointed an international Implementation Consultant (IC) team to provide oversight and support development and delivery of the project.

On behalf of MPW, the THRCP project is seeking a qualified Senior Resident Engineer to support the CSU role.

Job Summary

The Legal Advisor works under the overall guidance of the Executive Director of the THRCP.

Job Details

Date Posted: 06 Feb 2019 Reference: VA – AFG/THRCP/MOPW053/2019
Closing Date: 23 Feb 2019 Work Type: Full Time
Number of Vacancies: 1 Gender: Any
Functional Area: Legal Open Ended: NO
Nationality: Afghan Salary Range: As per NTA Salary Scale Policy10000.0
Contract Type: Contractor Years of Experience: 7 Year(s)
Contract Duration: 1 Year(s) & 0 Month(s) Extension Possibility: Yes
Probation Period:

Duties and Responsibilities

• Full understanding the scope of work, project requirements, construction drawings and contract documents.
• Trans-Hindukush Road Connectivity Project, Islamic Republic of Afghanistan (MPW) requires legal advice and legal representation in relation to contracts for the rehabilitation and construction (including roads, bridges and other miscellaneous works) Projects in Afghanistan (the “Works”).
• Provide Legal consultation to THRCP/MPW during As part of the dispute resolution process stated in the Contract, the Parties are to refer disputes to the Dispute Board. If either party is dissatisfied with the Dispute Board’s decision it can issue a notice of dissatisfaction and intention to commence Arbitration. Prior to the commencement of the Arbitration the Parties shall attempt to amicably resolve the dispute.
• The Legal advisor appointed by THRCP will be required to coordinate directly with MPW, the Chief Engineer, Dispute Management Team, World Bank and any other party so designated by MPW in relation to the services hereunder.
• The "Legal Advisor" is expected to support THRCP on a broad range of issues, including but not limited to taking the day to day legal responsibilities and providing legal advice that includes all the aspects of the analysis, investigation and drafting process. He/she is responsible for providing support in discrete legal issues by advising the organization, drafting undertakings and structuring remedies for the relevant issues. This professional may also be engaged in helping to analyze and collect evidence and schedule staff hearings. Some of the responsibilities that need to be handled by him/her:
• Conduct legal analysis and research on various legal matters/ Act as primary interface between external lawyers and internal project management team.
• Provide legal advice for drafting and negotiating construction contracts, warranties/third party rights, subcontractor guarantees, and other construction documentations.
• Provide advice on different legal issues and assist in drafting legal opinions, memoranda and other legal documents.
• Be actively involved in preparing different acts and legal submissions and draft the authoritative legal opinions as well.
• Conduct legal research by utilizing various resources and selecting the relevant material to analyze the legal information.
• Assist in reviewing the legal material and any other relevant documents and to identify the most important issues that need to be sorted out on a priority basis.
• Draw up formalities regarding the settlement of disputes/claims and monitor the implementation of the legal clauses.
• Strategic advice relating to the disputes/claims arising out of the Contract.
Assist the management in reviewing the contracts, mediate dispute or advise about corporate management.
• On-going contractual advice and legal knowledge creation and sharing with Project team
• Advice relating to Dispute Board Referrals including representation and attendance in hearings when Referrals are made.
• Advice relating to mediation and attendance of mediation meetings if requested.
• Advice relating to recovery/protection of the advance payment guarantees.
• Advice relating to Arbitration, including filing for arbitration, nomination of arbitrators and initiating the proceedings.

Monitoring and Progress Controls

• Legal Advisor is responsible to support THRCP Executive Director for Legal issues of the project especially in Contracts

Final Product

• Ensure strategic solutions are advised to all disputes/claims arising
• Successful achievement of overall strategic program goals of THRCP.
• Effective support to the MPW to ensure achievement of overall program goals.

Travels to Provinces

Require Travels to Provinces

Skills

Qualifications and Experience

a. Education

• Master’s Degree in Law, Contract Management or another relevant topic is required
• Bachelor’s Degree in Law or Contract Management with 7 years of relevant work experience in large infrastructure projects may be considered.

b. Knowledge and Work Experience

• At least 7 years’ relevant experience required for Bachelor degree and 5 years for Master degree in large construction works
• Experience in Serving as Dispute Board chief, member or as an arbitrator for resolution of construction disputes
• Experience in use Word, Excel, Primavera P6 & MS Project are required
• Experience in working with the WB Projects will be a distinct advantage

c. Key Competencies

• Experience in contracts, roads and bridge construction, inspection, testing and contract administration
• Supervisory skills
• Fluent in both oral and written English, Dari and Pashto are required
• Highly analytical with good communication and presentation skills.
• Ability to work in a team environment
• Proven organisational, negotiation and problem-solving skills
• Demonstrated ability to training and build capacity of counterparts.
• Ability to overcome challenges and work in difficult work environments/conditions.
• Be able and willing to travel to project sites including insecure and volatile areas for the field verification of progress of construction works.

D. Required Documents

• Copy of verified Bachelor Degree by Ministry of Higher Education
• Copy of verified Master degree by Ministry of Higher Education
• Copy of verified Afghan ID Card (Tazkera)
• Copy of verified last Posting Contract
• Certificate’s and Appreciation Letter’s

Qualifications

• Master’s Degree in Law, Contract Management or another relevant topic is required
• Bachelor’s Degree in Law or Contract Management with 7 years of relevant work experience in large infrastructure projects may be considered.

Job Location

Afghanistan - Kabul: PROVINCIAL CENTER (KABUL)
AF AF 12

Education:

Bachelors Degree,

Submission Guideline

Qualified candidate may submit their application, including a letter of interest, complete Curriculum Vitae, via Email Address: Kindly indicate the vacancy number (VA – AFG/THRCP/MOPW053/2019) and the post title (Legal Advisor) in the subject line when applying by email.

Additional Considerations

- Applications received after the closing date will not be considered.
- Only those candidates that are short-listed for interviews will be notified.
- Qualified female candidates are strongly encouraged to apply.

Submission Email

vacancies@thrcp.gov.af

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