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GAILLE PLLC

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scottgaille

Scott Gaille is an attorney, energy executive, and academic (University of Chicago Law School and Rice University Graduate School of Business)

Incentive-Based Compensation for Actual Cost and Time & Materials Construction/Services Contracts [Gaille Energy Blog Issue 94]

Gaille Energy Blog Issue 93 explained the following four types of construction/services compensation and the incentives created by each: Lump SumUnit PriceTime & Materials (T&M)Actual Cost This issue discusses how incentive-based compensation mechanisms can be added to Actual Cost and... Continue Reading →

4 Types of Construction Compensation: Lump Sums, Unit Prices, Time & Materials, and Actual Costs [Gaille Energy Blog Issue 93]

This article explains the differences between the four types of compensation typically used in energy construction agreements: Lump Sums. The contractor is paid a flat price for successful completion of all of the work.  For example, a contractor might be paid a... Continue Reading →

Adjustment Clauses in Services and Construction Agreements [Gaille Energy Blog Issue 92]

A Contractor’s pricing and schedule are based on a variety of factors, including the scope of work, site conditions, and seasonal weather risks.  Sometimes nothing changes.  More often than not, though, the Owner makes changes to the scope of work—or... Continue Reading →

A Case for Optimism [Gaille Energy Blog Issue 91]

I spent Father’s Day visiting my parents in South Texas.  Much of our conversation was about the state of the world and how bad things have been this 2020.  But the trajectory of human progress—like the stock market—is not a... Continue Reading →

The Disincentives Created by Bad Luck in the Energy Industry [Gaille Energy Blog Issue 90]

In just one decade, the energy sector has seen three dramatic busts: (1) the 2008-09 financial crisis; (2) the 2014-15 oil crash; and (3) the 2020 COVID-19 pandemic (the “Three Crashes”). The 2020 crash may be the worst yet. One of my clients... Continue Reading →

How Have Law Firms Been Impacted by COVID-19? [Gaille Energy Blog Issue 89]

Like most other businesses, law firms, too, are suffering the economic effects of COVID-19. Although many lawyers are able to work just as efficiently from their homes as they can from their offices, the impacts of COVID-19 on clients often... Continue Reading →

Checklist and Compendium of COVID-19 Force Majeure Issues [Gaille Energy Blog Issue 88]

Over the course of the last few months, lawyers have been deluged with articles about COVID-19 and force majeure, much of them containing quite similar content and analysis.  My Research Assistant at The University of Chicago Law School, Tanner Harris,... Continue Reading →

Avoiding Moral Hazard When Allocating COVID-19 Force Majeure Risk in Construction Contracts [Gaille Energy Blog Issue 87]

One of the principal COVID-19 issues facing the construction industry is a work shutdown due to an employee exhibiting COVID-19 symptoms, testing positive for COVID-19, or being exposed to someone who has tested positive for COVID-19.  In such cases, the... Continue Reading →

Will COVID-19 Increase Oil Demand? [Gaille Energy Blog Issue 86]

In 2003, China saw a preview of COVID-19 in the form of another coronavirus called SARS.  SARS struck Hong Kong and sent a wave of change across China.  Yet most Americans were oblivious to its existence.  At the time, though,... Continue Reading →

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