Blog

Energy Construction: Can Change Orders Be Used as Amendments? [Gaille Energy Blog Issue 57]

  • Posted by scottgaille
  • On December 6, 2017
  • 0 Comments
A common area of confusion in construction agreements is whether a modification to the agreement and its exhibits should be papered via a change order or an amendment.  Both change orders and amendments are signed by the owner of the project and the contractor undertaking the work.  The principal difference is that change orders usually are […]
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Dollars vs. Percentages & the Probability of Busted Asset Deals [Gaille Energy Blog Issue 56]

  • Posted by scottgaille
  • On November 22, 2017
  • 0 Comments
“[H]euristics are simple, efficient rules which people often use to form judgments and make decisions. They are mental shortcuts that usually involve focusing on one aspect of a complex problem and ignoring others. These rules work well under most circumstances, but they can lead to systematic deviations from logic, probability or rational choice theory. The […]
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Energy Construction: Classification of Contracts [Gaille Energy Blog Issue 55]

  • Posted by scottgaille
  • On November 20, 2017
  • 0 Comments
Construction agreements bring to bear both tangible materials and intangible services to achieve an end product—the facility. As such, many of the same terms and conditions used in construction agreements also appear in procurement and services contracts. Procurement agreements are used primarily for purchasing and leasing tangible goods, materials, and equipment—whereas services agreements are used […]
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Energy Construction: The Difference between Rework and Warranty Work [Gaille Energy Blog Issue 54]

  • Posted by scottgaille
  • On November 9, 2017
  • 0 Comments
  • rework warranty
No contractor (the “Contractor”) is perfect.  Some work will fail inspection and need to be redone (“Rework”).  Other defects will only be identified after the project’s completion, necessitating a warranty claim (“Warranty Work”). What’s the difference between Rework and Warranty Work?  After, all, in both cases, the Contractor’s work has failed to meet the standards […]
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Energy Construction: Change Directives v. Change Requests v. Change Orders [Gaille Energy Blog Issue 53]

  • Posted by scottgaille
  • On October 31, 2017
  • 0 Comments
  • change directives change requests change orders
Change is an essential part of energy construction. The owner or sponsor (“Sponsor”) of the project must be able to implement changes after a construction agreement has been signed. Time is usually of the essence with energy projects. If the Contractor’s consent must be obtained for a change, then it can slow down a project […]
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The First Hmong Lawyer in Laos [Gaille Energy Blog Issue 52]

  • Posted by scottgaille
  • On October 25, 2017
  • 0 Comments
Yah grew up in the mountains of northern Laos, a member of the Hmong ethnic group.  The nearest elementary school was a two-hour walk through the jungle of a national park.  He rose at dawn, marching bare-footed through the darkness.  Yah suffered seven bites from giant red centipedes and two from tree vipers—just to reach […]
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Book Release: Construction Energy Development [Gaille Energy Blog Issue 51]

  • Posted by scottgaille
  • On October 17, 2017
  • 0 Comments
  • pipeline construction
I am pleased to announce the release of my third textbook, Construction Energy Development (Energy Development Series, Volume 3). Construction Energy Development describes the commercial arrangements used by energy companies to build pipelines and other facilities, providing a comprehensive overview of related contract provisions. About the Gaille Energy Blog. The Gaille Energy Blog discusses issues in the field of energy […]
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Beware of Trickster Lawyers [Gaille Energy Blog Issue 50]

  • Posted by scottgaille
  • On August 16, 2017
  • 0 Comments
  • trickster lawyer
Fans of Breaking Bad and Better Call Saul are familiar with the character of Saul Goodman (aka Jimmy McGill): Jimmy is a good example of . . . a “trickster lawyer.”  The idea is that many talented lawyers resemble the Trickster of myth and fable who uses creativity and guile to beat adversaries. . . […]
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Energy Terrorists [Gaille Energy Blog Issue 49]

  • Posted by scottgaille
  • On June 25, 2017
  • 0 Comments
  • Energy Terrorist
October 2016 – Coordinated attacks on five pipelines in four states accessed emergency shut-off valves and stopped the flow of 15% of daily American oil supply.   February 2017 – Gunman opened fire on a natural gas pipeline in Florida.  He was shot and killed by sheriff’s deputies. February 2017 – Drive-by shooting of a pipeline […]
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Vinson & Elkins at 100: The Rivalry with Baker Botts [Gaille Energy Blog Issue 48]

  • Posted by scottgaille
  • On June 18, 2017
  • 1 Comments
  • Vinson Elkins Baker Botts
The rivalry between V&E and BB started in the 1870s—in the small East Texas town of Huntsville.  A young couple moved next door to the forty-something Bakers.  The Bakers’ new neighbors were Walker County Sheriff Elkins and his young wife, Sallie.  The couple would eventually become the parents of James Anderson Elkins—the founder of Vinson […]
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