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Understanding Drilling Contracts (CON11)

    Description

    The ‘upstream’ or Exploration and Production (E&P) segment of the international oil and gas industry is, in all probability, the riskiest in terms of capital intensity, long payback periods, technological dependence, and a host of legal/environmental compliance requirements. It is commonplace for entities seeking hydrocarbon reserves to offset this risk exposure through collective entities such as joint ventures.

    This course has been specifically designed to provide participants with a holistic understanding not only of drilling contracts, but to understand them within the wider context of the larger governing framework of which they are a part in terms of hydrocarbon discovery and extraction. The course is an immersive experience, and the focus is on open dialogue throughout, as well as class exercises, problem solving, and knowledge sharing.

    Course Level: Skill / Advanced
    Duration: 4 days

    Designed for you, if you are...

    • Involved in legal or contractual functions
    • Working within drilling operations

    How we build your confidence

    • Open dialogue
    • Problem solving
    • Case studies
    • Exercises

    The benefits from attending

    On completion of this course, you will:
    • Understand the key issues that must be incorporated into a statement of requirements when tendering for a drilling contractor
    • Grasp the basic different forms of drilling contracts
    • Be familiar with the key contractual elements of a drilling contract
    • Be able to discern both the advantages and disadvantages that stem from being involved within a joint venture (JV)
    • Gain an understanding of the intricacies of the joint operating agreement
    • Understand the importance of the project scope and the role played by variation and change orders within projects
    • Grasp the essentials of stakeholder management and why this is important to commercial contracts
    • Be aware of the differing formats and mechanisms that can be used to resolve disputes
    • Have awareness of some of the different abandonment securities that exist/are imposed in different jurisdictions

    Topics

    Important Considerations
    • Why are commercial contracts important?
    • Drafting and construction
    • The element of risk
    • The drilling crew (onshore/offshore)
    • Description of the work to be performed
    • Day rates
    • Some other cost considerations – contract price adjustments, liability for damage to equipment (+ 3rd party equipment), liability for pollution, liability for well control, liability for reservoir damage
    • Payment considerations
    • Local content

    Different Types of Drilling Contract and the Joint Venture Mechanism
    • Daywork
    • Footage
    • Turnkey
    • International
    • The key features of a joint venture
    • The rationale for joint ventures – advantages and disadvantages
    • Common types of joint ventures
    • Corporate joint ventures and contractual joint ventures
    • Some legal aspects of joint ventures
    • The 4 phases of a joint venture: planning, formation, operations, abandonment

    The Joint Operating Agreement (JOA)
    • The right of first refusal
    • Sole risk and non-consent
    • The question of third-party access (TPA)
    • Important factors in tie-in agreements
    • Pipeline crossing agreements
    • Proximity agreements

    Centrally Important Contractual Provisions
    • Governing law
    • Establishing the rights, duties, and obligations of the parties to the contract
    • Understanding the ramifications of indemnity; insurance and liability provisions
    • Provisions relating to risk and performance
    • Warranties and guarantees
    • Termination clauses
    • Damages – LDCs
    • Payment terms
    • Dealing with breach of contract
    • Class exercise
    • Price escalation clauses
    • Cost escalation and cost reduction
    • Class exercise
    • Assignment and novation
    • Force majeure
    • Class exercise

    Optional (day 5)
    • The total cost of ownership
    • Project variation and change orders
    • Class exercise – scenario analysis
    • Stakeholder management
    • Group exercise – stakeholder mapping
    • Class exercise – scenario analysis
    • Dispute resolution
    • Abandonment security


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