Introduction: The buyer of oil and gas produced water treatment and disposal facilities, who had a representations and warranties policy, claimed that the facilities and wells were not as represented. Baker & O’Brien evaluated the technical merits of this claim by reviewing facility design, well completions, and operational performance from both pre- and post-acquisition periods. We opined on facility functionality in the ordinary course of business in an initial expert claim assessment, a preliminary expert report, and with follow-up analysis.

Introduction: Two parties disagreed on the interpretation of a clause in a minerals lease regarding the basis for the valuation of gas produced from a group of wells. We reviewed the competing valuation bases, determined gas specific gravities, identified associated gas heating values, and assessed whether varying compositions of gas components would provide a basis for analysis. Our review of the competing bases was submitted to the court and was instrumental in achieving a settlement before the court proceeding began.

Introduction: During the shipyard repair of a towboat, gas in a forward hold ignited and exploded, resulting in multiple fatalities and injuries. We identified the responsibilities for the incident on this multi-employer worksite by reviewing the applicable OSHA Shipyard Industry Standards and the shipyard procedures for ensuring the spaces on the vessel remained safe. Our opinions were presented in an expert report and in deposition testimony.