Conference Day Two: 27th May 2010
08:30 Registration & Coffee
09:00 Chairman’s Opening
Focus On... Master Service Agreements
09:15 Reviewing Your Master Service Agreements: How Flexible
Can A Template Be?
With many companies assessing their Master Service Agreements, are yours providing the ease of use you had hoped for or does one size not fit all? Address the need to create an agreement that is everything to everybody and assess the advantages and pitfalls of Master Service Agreements.
- Do Master Service Agreements offer the flexibility required when dealing with numerous parties in different economic and resource situations?
- How are Master Service Agreements being written and applied to fit in the current market and any future markets?
Stacey Earley
Director of Contracts
Transocean
10:00 Templates For Master Service Agreements And Associated
Work Orders
As efforts to coordinate MSA’s across organisations continue to be on the agenda of many companies in the oil and gas sector, many questions remain unanswered.
- What are the business purposes of such templates? What is fixed and non-negotiable and why?
- How does the template address different countries and different states or provinces within a country?
- Where presented with a master service agreement how does the service provider present its template for its fixed and nonnegotiable items, especially for warranty provisions and other duties associated directly with the work?
Don Butler
General Counsel
Seneca Resources
10:45 Morning Coffee And Networking Break
11:15 Model Contracts Review Board
- Ensure the practical relevancy of your contracts by looking to cross functional teams in internal contract reviews
- Build consultations between HSE, Insurance, Tax, Commercial and Legal departments
- React swiftly to the changing contractual landscape with visibility over all the areas to effect your negotiations
Darrel Froehlich
Advanced Contracts Procurement Specialist
Marathon Oil
12:00 Delay Impact Analysis: A Serious Risk To Be Mitigated!
Over the last 18 months the number of delays has risen dramatically and even when the market improves the effects of these delays remain.
- Ascertain the true value of a delay and the consequences for your organisation.
- How can this information be used to inform the remediation of a dispute?
Linda Thomas
Head of Legal
Acergy
12:45 Lunch And Networking Break
Focus On... International Contracting
13:45 Federal Trade Commission And Anti-Trust Regulations: A Bit
Of Healthy Competition Is A Good Thing…
As the 2007 Energy Independence and Security Act has now come completely in to force as of 2009 how will this be reflecting in the wordings of your contract. Discuss the following issues:
- How to use your contract as a tool to ensure competition rules are not breached
- What is market manipulation? How is it to be defined?
Whole delegation discussion led by your chairman
14:30 Export Control And Regulation
Companies dealing in multiple jurisdictions need to be aware of the effects of export control and regulation and mitigate for any problems in the contract.
- Whose responsibility will it be to comply with export controls and regulation?
- What compliance and ethics issues need to be taken into account?
James Noe
Vice President and General Counsel
Hercules Offshore
15:15 Afternoon Tea And Networking Break
15:45 Supplier Selection Process: Create A Sound Basis For Your
Decision
In tough economic times it is important to work with the right companies. With banks still being strict on lending, credit worthiness in particular has never been so essential! Ensure you are contracting with reliable contractors/subcontractors by assessing the:
- Credit worthiness of your other contracting parties
- Quality of past performance
Peter Tesarek
Senior Supply Chain Manager
Hess
16:15 Remedies Or Bonuses: The Carrot Or The Stick?
Promote performance of contract be addressing the remedy structure. Consider the impacts of liquidated damages (LDs) and performance related bonuses and assess which approach is best suited to your contract.
- Do LDs provide adequate motivation or will they be factored into costs?
- Could LDs distract from effective project execution?
- Is there really a difference in outcome and quality of performance in regards to LDs and bonuses?
Brad Eastman
Deputy General Counsel
Cameron
16:45 Chairman’s Closing