Drilling Contracts: Post Macondo Considerations

Lisa Bagley Brown, Managing Counsel (Retired), Lisa B. Brown, Esquire, USA

This paper will discuss new issues in drilling contracts following the litigation regarding the BP Macondo well blowout incident. Considering the tens of billions of dollars in damages that were apportioned according to indemnities in the drilling services contracts, we should evaluate the indemnities. The topics in this paper include important risk allocation principles common to all drilling contracts, as well as services agreements relating to drilling contracts. The paper addresses specific provisions of the Macondo contracts, including responsibility for loss, payment, indemnities, and related insurance issues with particular examples from how the provisions were implemented and interpreted in the Macondo litigation.

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USA Contract Energy September 2016 Vol. 9, No. 36, Summer 2016

Lisa Bagley Brown

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Lisa Bagley Brown recently retired as Managing Counsel of OXY USA Inc. In her 32- year legal career, she has also worked at Conoco, Inc., Mobil USA, and Burlington Resources. She lives in Houston and can be reached at her email, chasepaulamary@gmail.com

Lisa B. Brown, Esquire

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Retired from Oxy and available for contract legal work.

USA Contract Energy September 2016 Vol. 9, No. 36, Summer 2016