Master Service Agreements for Oil and Gas: Key Provisions, Court Treatment

A live 90-minute CLE webinar with interactive Q&A


Tuesday, March 13, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will provide guidance to energy counsel on the key considerations and key 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 MSAs, including a significant 2018 decision by the Fifth Circuit en banc.

Description

An MSA defines the relationship between an oil and gas company and its providers of goods and services. The MSA allocates risk and provides indemnification. However, there are limitations and counsel must understand those limitations under both state and maritime law.

In Larry Doiron Inc. v. Specialty Rental Tools & Supply, the court addressed which law—maritime or state—should be used to interpret the indemnity provisions in an MSA between an oil production company and a services provider operating on a stationary production platform in navigable waters. Maritime law permitted the enforcement of the contractual indemnity, but Louisiana law—specifically its Oilfield Indemnity Act—precluded enforcement of the contractual indemnity.

On Jan. 8, 2018, the Fifth Circuit en banc reversed the panel opinion, applying a new two-pronged test and concluding the MSA was non-maritime. As a result, Louisiana state law—through its Oilfield Indemnity Act—barred the crane barge owner’s indemnity claim against the contractor.

Counsel to oil and gas companies must understand the challenges involved in crafting MSAs to meet the parties’ expectations and align with their insurance packages.

Listen as our authoritative panel discusses key considerations and key provisions in an MSA, including insurance and indemnification, damages, and enforceability. The panel will discuss negotiating and structuring MSAs, issues that commonly arise, and how the courts have treated MSAs.

READ MORE

Outline

  1. MSA
    1. Considerations
    2. Provisions
  2. Issues that commonly arise
  3. Court treatment
    1. Larry Doiron Inc. v. Specialty Rental Tools & Supply (5th Cir. Jan. 8, 2018)

Benefits

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 MSAs and what strategies should be used to allocate risk?
  • What are counsel’s options to effectively negotiate these agreements?

Faculty

Hayne, Peck
C. Peck Hayne, Jr.

Member
Gordon Arata Montgomery Barnett McCollam Duplantis & Eagan

Mr. Hayne's practice centers on oil and gas, pipeline and other energy-related transactions and regulation, and on...  |  Read More

O'Connor, Scott
Scott A. O'Connor

Member
Gordon Arata Montgomery Barnett McCollam Duplantis & Eagan

Mr. O'Connor serves as Chair of the Oil & Gas Section for the firm. He focuses his practice on oil and gas and...  |  Read More

Pugh, William
William W. (Bill) Pugh

Shareholder
Liskow & Lewis

Mr. Pugh handles complex maritime and energy-related matters for oil and gas producers and other Texas, Louisiana and...  |  Read More

Live Webinar

Buy Live Webinar

Live Webinar

$297

Buy Live Webinar & Recording
A savings of $200

Live Webinar & Download

$394

Live Webinar & DVD

$394 + $9.45 S&H

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$297

Download

48 hours after event

$297

DVD

10 business days after event

$297 + $9.45 S&H