Search

GAILLE PLLC

Standby Compensation for Force Majeure? [Gaille Energy Blog Issue 85]

“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... Continue Reading →

The General Counsel’s Dilemma: In-House Counsel or Outside Counsel [Gaille Energy Blog Issue 84]

For decades, consultants have sought to systematize the process of allocating work between in-house counsel and outside counsel.  The largest companies even have entire “legal services” departments, which provide no “legal services” but are instead responsible for decreasing legal costs... Continue Reading →

Negotiation Challenges in the World of COVID-19 [Gaille Energy Blog Issue 83]

About a month ago, Houston declared a state of emergency due to the COVID-19 pandemic.  We closed our office and sent our five lawyers to work from home.  The good news was that most of our practice involves drafting and... Continue Reading →

Suspension Agreements as an Alternative to Force Majeure [Gaille Energy Blog Issue 82]

Lawyers often gain valuable experience by accident.  This was the case with me and force majeure.  A couple of weeks after 9/11, I joined Occidental Petroleum’s business development office in Dubai.  As the youngest person on the team, I received... Continue Reading →

The Value Proposition of the Energy Transactions Boutique Law Firm [Gaille Energy Blog Issue 81]

The recipe for starting a boutique law firm is well known.  Boutique law firms are typically founded by one or more Big Law alums with industry-leading expertise who then recruit top associates, essentially creating a talent pool of comparable quality... Continue Reading →

Are Longer (More Detailed) Contracts Better?  [Gaille Energy Blog Issue 80]

Over my 25 years as an energy transactions lawyer, I have watched as agreements of all kinds have become longer and more detailed.  Last week, I was in Canada (-21 degrees) helping a client develop a new agreement. The precedent previously... Continue Reading →

3 Types of Indemnities (Energy Construction) [Gaille Energy Blog Issue 79]

An indemnity is one party’s agreement to hold another harmless for certain types of claims or losses.  A typical definition of Indemnify would be as follows: “Indemnify” means release, reimburse, protect, indemnify, compensate, make whole, make good, hold harmless, and... Continue Reading →

Unanticipated Site Conditions & Energy Construction Agreements [Gaille Energy Blog Issue 78]

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... Continue Reading →

Every Young Lawyer Needs a Mentor [Gaille Energy Blog Issue 77]

Over the last seven years, I’ve had the privilege of teaching the Energy Law Seminar to several hundred students at The University of Chicago Law School.  Many of my students end up practicing law in Houston, where they regularly seek... Continue Reading →

Blog at WordPress.com.

Up ↑