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

  • Posted by scottgaille
  • On September 16, 2020
  • 0 Comments
Gaille Energy Blog Issue 93 explained the following four types of construction/services compensation and the incentives created by each: Lump Sum Unit Price Time & Materials (T&M) Actual Cost This issue discusses how incentive-based compensation mechanisms can be added to Actual Cost and T&M commercial structures. In Lump Sum and Unit Price contracts, a contractor […]
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4 Types of Construction Compensation: Lump Sums, Unit Prices, Time & Materials, and Actual Costs [Gaille Energy Blog Issue 93]

  • Posted by scottgaille
  • On September 7, 2020
  • 0 Comments
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 lump sum of $10,000,000 for the entire project.  No matter what the contractor actually spends, it […]
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Standby Compensation for Force Majeure? [Gaille Energy Blog Issue 85]

  • Posted by scottgaille
  • On April 30, 2020
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“Time, no money,” are words commonly spoken by project owners when negotiating force majeure relief in construction and services contracts.  It means that while a contractor can receive schedule extensions (more days to complete the work), no additional compensation will be paid due to force majeure.  In response, a contractor may seek to shift the […]
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Unanticipated Site Conditions & Energy Construction Agreements [Gaille Energy Blog Issue 78]

  • Posted by scottgaille
  • On June 28, 2019
  • 0 Comments
  • "site conditions"
Contractors are generally entitled to seek additional compensation (a “price adjustment”) for encountering unanticipated site conditions. The more challenging question is defining what, precisely, constitutes an unanticipated site condition.  For example, in the clause below, unanticipated remains undefined: If contractor encounters unanticipated site conditions, then contractor is entitled to seek a price adjustment. The common meaning of unanticipated […]
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Comparison of Pipeline Drilling Methods: Bores, HDDs & Direct Pipes [Gaille Energy Blog Issue 75]

  • Posted by scottgaille
  • On September 24, 2018
  • 0 Comments
  • Boring, Direct Pipe, HDD
Over the course of their construction, pipelines encounter many obstacles that require the use of subsurface tunnels.  Such tunnels enable the pipeline to pass beneath roadways, railroads, rivers, and environmentally sensitive areas without disturbing them. There are three principal methods of constructing pipeline tunnels: (1) conventional boring, (2) horizontal directional drills, and (3) direct pipe […]
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Pipeline Crossings of Underground Obstructions [Gaille Energy Blog Issue 74]

  • Posted by scottgaille
  • On September 10, 2018
  • 0 Comments
  • pipeline crossing installations
More than 2.5 million miles of pipeline move American oil and gas production to refineries and consumers.  The U.S. Energy Information Administration is tracking an additional $100 billion of new natural gas projects, which would add more than 10,000 miles to the existing network. Pipeline construction requires a trench deep enough so that the top […]
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