Master Service Agreements for Oil and Gas: Negotiating and Structuring Techniques, Key Provisions, Court Treatment
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Energy
- event Date
Thursday, November 21, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will guide energy counsel on the key considerations and essential provisions in master service agreements (MSAs) for oil and gas businesses, including insurance, indemnification, damages, and payment. The panel will discuss negotiating and structuring MSAs, issues that commonly arise, and how the courts have treated indemnity provisions in MSAs in those jurisdictions that have anti-indemnity statutes.
Mr. Binns works out of Flanagan Partners’ Denver office and advises clients on transactional matters concerning oil and gas production and transport, insurance coverage, and construction. He drafts and negotiates contracts for producers and service contractors in those industries, including master service agreements, drilling contracts, purchase orders, charters, non-disclosure agreements, and construction contracts. In addition to his legal experience, Mr. Binns is also a graduate of the Construction Risk and Insurance Specialist (CRIS) and Energy Risk and Insurance Specialist (ERIS) programs and is a licensed commercial property and casualty broker in Colorado. While in law school, Mr. Binns clerked for Poulson, Odell, and Peterson and PDC Energy and served as a judicial fellow under Judge Madden in the Denver District Court. Prior to joining Flanagan Partners, Mr. Binns was a Senior Account Executive and served as the Contractual Risk Advisor for the oil and gas book of one of the largest property and casualty insurance brokerages in the US.
Ms. Flanagan counsels clients in transactional matters in the context of oil and gas production, clean & renewable energy, insurance coverage, construction, and maritime operations. She drafts and negotiates contracts for oil, gas, and renewable energy producers and service contractors, including master service agreements, drilling contracts, purchase orders, charters, licensing and other software-based agreements, non-disclosure agreements, and construction contracts. She splits her time between the firm’s New Orleans and Denver offices. Ms. Flanagan is a graduate of the Construction Risk and Insurance Specialist (CRIS) program, Energy Risk and Insurance Specialist (ERIS), and Transportation Risk and Insurance Professional (TRIP) program which focus on the insurance and risk-management needs of construction, energy, and transportation work. While in law school, Ms. Flanagan completed a judicial internship with Chief Judge Brian A. Jackson of the U.S. District Court for the Middle District of Louisiana.
An MSA defines the relationship between an oil and gas company and its providers of goods and services. Most MSAs allocate risk. However, there are limitations, and counsel must understand those limitations under both state and federal law.
Counsel to companies involved in the oil and gas industry must understand the challenges involved in crafting MSAs to meet the parties' expectations and align with their insurance packages along with the applicable venue's treatment of MSAs.
Listen as our authoritative panel discusses vital considerations and key provisions in an MSA, including insurance and indemnification, damages, and enforceability. The group will discuss negotiating and structuring MSAs, issues that commonly arise, and how the courts have treated MSAs.
- MSA key considerations and provisions
- Issues that commonly arise and methods to overcome them
- Court treatment of certain MSA provisions and best practices for oil and gas counsel
The panel will review these and other key issues:
- What are the critical provisions when structuring and negotiating MSAs?
- What issues frequently arise when structuring risk in MSAs and what strategies should be used to allocate risk?
- What are counsel's options to effectively negotiate these agreements?
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