This book covers master service agreements, drilling contracts and construction agreements in the upstream oil and gas business with chapters on performance risk, incident risk and insurance, as well as negotiating, drafting and managing contracts. The author is a recognized expert with more than 30 years of experience in this area. This is an essential reference book not only for contract administrators, but also for purchasing groups, project managers and lawyers for both operators and contractors. The book provides critical information not taught in seminars, such as the chapter on the rules that apply when work is being performed, but there is no contract or only a very brief one. It analyzes how the region of the world in which a company operates influences which terms are the most heavily negotiated. It describes how insurance influences the drafting of various provisions related to allocating risk for personal injury, property damage and pollution. The book discusses not only the best practices in contract risk management, including limitation of liability, indemnity, insurance, and warranties, but also how they have evolved over time and the reasons for the evolution.
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Donald P. Butler has written and lectured widely on master service agreements, drilling contracts and construction agreements in the upstream oil and gas business. In addition to many seminar presentations, he co-authored a 2011 paper entitled “Stress Test for Upstream Contractual Risk Management: Indemnities, Insurance, and Limitation of Liability Clauses after Deepwater Horizon” for the Rocky Mountain Mineral Law Institute. He is currently President of RM Projects and Training L.L.C. devoting his time to research, writing and training in the area of upstream operational risk management. He practiced law from 1972 to 2013. After a stint as a litigator, he spent thirty years working as an in-house lawyer for several independent exploration and production companies. Along with other duties, he was responsible for drilling contracts, master service agreements and construction contracts, handling projects big and small, domestic and international. He has been active in educational and professional arenas. He was an adjunct professor at the University of Houston Law Center teaching Oil and Gas Law. He is a past president of the Houston Chapter of the Association of Corporate Counsel, and he was the first recipient of the Houston Chapter’s Lifetime Achievement Award. He has also contributed time to the Houston Volunteer Lawyers Program.
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