- Don’t bother to comply with the most basic and unambiguous requirements of the contract.
- Take informality for granted.
- Assume that if
“Construction” of a Well Pad Requires More than a Survey
Co-author Rusty Tucker
In Evans Resources, L.P., et al. v. Diamondback E&P, LLC, two agreements left the terms “constructed” and “utilized” undefined. If the terms had been defined would the outcome have been different? Maybe. Should parties define every term in an agreement? No, if they are content to rely on the ordinary meaning of the words.
The agreements
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Offer to Acquire Leases Could Not be Conditioned on a JOA
Let’s begin with a quiz:
What is a “Labor” ? Assuming you met one face to face, how big is would you expect it to be?*
From Great Western. Drilling, Ltd. v. Pathfinder Oil & Gas, Inc. we learn that if you want one agreement to be conditioned on execution of another one, you’d better say so … in writing … in the first one. Texas courts look for ways to avoid conditions precedent.
Continue Reading Offer to Acquire Leases Could Not be Conditioned on a JOA