The founder of GAILLE PLLC started his career at Vinson & Elkins working for the largest pipeline companies in the world and continues with his firm to represent the industry today on a wide range of commercial and EPC matters.
PIPELINE, PUMP STATION, AND COMPRESSOR STATION CONSTRUCTION
- Michigan. $600 MM tunnel construction project (lump sum basis)
- Minnesota. $1 B construction contract for replacement of existing crude oil pipeline (actual cost basis)
- North Dakota. $250 MM construction contract for crude oil pipeline (unit price basis)
- Texas. $600 MM construction contract for 42- and 48-inch natural gas pipeline and associated compressor stations (guaranteed maximum price basis)
- Minnesota. $200 MM of construction contracts for multiple crude oil pump stations (actual cost basis)
- Texas. Construction contract for $100 MM natural gas pipeline (cost-plus fixed fee)
- Gulf of Mexico. Offshore and onshore crude oil terminal engineering and construction (formulaic actual cost basis).
- Ohio and Pennsylvania. $200 MM EPC agreement for compressor station emissions upgrades (unit price basis)
- Pennsylvania. $500 MM construction contract for ten new natural gas compression stations (formulaic actual cost basis)
- Virginia. Construction and drilling agreements for new gas storage facility
- Mexico. Concrete coating agreement for ~500 miles of 42-inch offshore natural gas pipeline
- Mexico. Fixed price, lump sum offshore pipeline construction contract for ~500 miles of 42-inch offshore natural gas pipeline
- Qatar and United Arab Emirates. EPC contracts related to the construction of $4 B natural gas pipeline and related facilities, including 48-inch subsea pipeline from Qatar to United Arab Emirates
- Canada. EPC agreement for onsite natural gas power generation for terminal facility
- Canada. EPC agreement for solar panel project (lump sum)
- Canada. Camp agreement for construction and operation of labor camp in remote area (blend of actual costs and lump sums)
- United States and Canada. Suspension agreements for more than 100 construction and services contracts during COVID-19 pandemic
- Various. Onshore and offshore Geological Assessment Services Agreements for certain of the preceding projects
- Various. Engineering Services Agreements for certain of the preceding projects
- Various. Procurement of compressors, pipe, and other equipment for certain of the preceding projects
GAS GATHERING
- Colorado. DJ Basin gas gathering agreements comprising more than 300,000 dedicated acres
- West Texas. Permian gas gathering agreements comprising more than 100,000 dedicated acres
- New Mexico. Gas gathering and processing agreement increasing minimum volume commitment in exchange for priority one service (higher preference in cases of curtailment)
- South Texas. Negotiation of settlement for unrealized minimum volume commitments in gas gathering agreement
- Texas Panhandle. Renegotiating and updating the terms and conditions of four gas gathering agreements for various development areas
- Utah, Colorado, and New Mexico. Conversion of fixed fee, dedicated area gas gathering and processing agreement to minimum volume, percentage of proceeds agreement
GAS SALES, TRANSPORTATION, AND INTERCONNECTION
- Texas. Gas sales and other marketing arrangements
- Texas. Gas pipeline interconnect agreements
- Mexico. Interconnection agreements for cross border natural gas pipeline
- Qatar. 2 BCF per day gas sales and purchase agreement
- Qatar. Ethane sales and purchase agreement
- United Arab Emirates. Three gas sales and purchase agreements with electricity companies, with varying minimum and maximum daily quantities
- Oman. Seller nominated gas sales and purchase agreement
- Bolivia and Brazil. Gas sales and purchase agreements and gas transportation agreements to supply electricity plants
- Turkmenistan, Afghanistan, Pakistan, and India. Gas sales and purchase agreements and gas transportation agreements to supply electricity plants
- Mozambique. Gas sales and purchase agreements and gas transportation agreements to supply steel plant
LIQUIDS GATHERING AND MARKETING
- Colorado. Oil gathering agreements
- West Texas. Permian oil gathering agreements
- Qatar and Japan. 150,000 barrels per day condensate sale agreement
- Qatar and Japan. LPG sale and purchase agreements
SERVICES AGREEMENTS
- Various. Hundreds of master services agreements and standing agreements to facilitate pipeline services in the United States and elsewhere around the world
- Various. Engineering Services Agreements for various midstream projects
- Various. Geological Assessment Services Agreements for various midstream projects
- United States. Two dozen master construction agreements for executing small construction projects
PROCUREMENT AGREEMENTS
- Japan, India, Mexico, China.More than $500 MM of steel and pipe purchase agreements with various pipe manufacturers
- United States and Canada. $600 MM of compression purchase agreements
- Various. Purchase orders and procurement arrangements for all manner of pipeline-related facilities
FRESH WATER SUPPLY AND PRODUCED WATER DISPOSAL
- Colorado. Fresh water supply agreements for hydraulic fracturing
- West Texas. Permian fresh water supply agreements for hydraulic fracturing
- Colorado. Produced water gathering and disposal agreements
- West Texas. Permian produced water gathering and disposal agreements
CHANGE DIRECTIVES, REQUESTS, AND ORDERS
- United States. Management of change process for multiple pipeline and compression construction projects, including drafting of change directives, responding to change requests, negotiation of change orders, and tracking of same
- Texas. Defense of pipeline owner receiving hundreds of change requests totaling more than $150 MM
- Texas. Force majeure claims, including those arising from Hurricane Harvey
- United States and Canada. Defending and making force majeure claims arising from COVID-19 under various construction and services contracts
- Texas. Insurance claims in respect of eight figure loss to offshore pipeline in storm
- New York. Insurance claims in respect of nine figure loss of horizontal directional drill
MODEL AND FORM AGREEMENTS
- Corporate Model Agreements Project. Drafted model forms for the following agreements: (i) Construction Agreements (Lump Sum, Unit Price, Actual Cost Fixed Fee, Guaranteed Maximum Price, Actual Cost Formulaic Fee, and Time & Materials Versions); (ii) Master Construction Agreement; (iii) Master Services Agreement; (iv) Services Agreement; (v) Geological Assessment Services Agreement; (vi) Master Geological Assessment Services Agreement; (vii) Engineering Services Agreement; (viii) Master Engineering Services Agreement; and (ix) engineering and procurement modules for construction agreements
- Model Construction Agreement. Drafted form unit price construction agreement that has been used for several billions of dollars of projects to date
- Model EPC Agreement. Drafted form engineering, procurement, and construction agreement used in hundreds of millions of dollars of projects to date
- Model Master Construction Agreement. Drafted form of master construction agreement used in hundreds of millions of dollars of projects to date by thirty different pipeline contractors
- Model Master Services Agreements. Drafted multiple form MSAs
- Model Purchase Orders. Drafted multiple form purchase orders
PROJECT TEAM TRAINING
- Agreement Handbooks. Drafted agreement handbooks for use in conjunction with form or model agreements; agreement handbooks provide an alphabetical, encyclopedia-like summary of key terms and conditions of frequently used agreements
- Project Handbooks. Drafted project handbooks for use in conjunction with execution of major construction projects; project handbooks provide an alphabetical, encyclopedia-like summary of key rights and obligations of the suite of agreements governing the project
- Annotated Agreements. Drafted annotated agreements for use with form or model agreements; annotated agreements identify provisions that are most likely to receive comments from counter-parties and provide fallback or compromise positions in order of preference
- Training Sessions. Created power point presentations to train business units regarding model agreements and project teams regarding their rights and obligations; taught multiple training sessions at headquarters and project locations