Joseph P. McMahon Jr.

Arbitration, Facilitation and Mediation 

+303-333-1960
Fax: 480-393-4745
617 Steele St., Denver CO  USA 80206-3941

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Oil and Gas - experience and qualifications

Mediating since 1991
M.S. in Civil Engineering
Registered Professional Engineer, Colorado, 1975
Experience in oil and gas disputes  in mediation and arbitration.

Panels:  

CPR Institute on Dispute Resolution

American Arbitration Assn., Energy Panel

Panel, U.S. Institute for Environmental Conflict Resolution

General experience. I have been working in ADR since my initial mediation training in 1991, and also began service as an arbitrator at that time. In addition to law, I have some basic electric engineering training and am a registered professional engineer (civil). As an engineer, I worked in construction scheduling, on site management, change orders, contract oversight, quality control, contract specifications, hydrology and materials science. I have an MS in Civil Engineering from the University of Denver.

Oil and Gas subjects. I have worked in disputes involving, among others, the following:

Class action royalty dispute
Nature of investment rights
Gas gathering and compression
Gas re-pricing contract clauses
Pipeline transportation fees and accounting
Quality of oil transported
 

 

 

 

JOA conflicts
Force majeure
Refinery construction
Dissenting shareholder rights
Heavy oil extraction
Exploration and development
Acquisition agreements

The following are example oil and gas engagements: 

  • Mediator, 2007-08, class action royalty dispute

  • Mediator, 2007, dispute over nature of investment in oil & gas property.

  • Arbitration panel chair, 2006, disputes over gas compression equipment.

  • Arbitration panel chair, 2006, case regarding disputes concerning an exploration and development agreement involving heavy oil and steam injection processes.

  • Disputes over rights to participate in acquisitions, and receive proceeds from production.

  • Amounts owed under JOA.

  • Disputes of alleged breach of Exploration and Development.

  • Claims for delivery of oil & gas and improper grade delivered.

  • Effective dates of acquisition and rights of purchase.

  • Force majeure suspension of obligations to deliver or take.

  • Disputes over heavy oil projects and use of thermal/steam methods.

  • Claims for damage to Plants due to improper usage.

  • Construction claims regarding refinery.

  • Damage claims for claims of improper transportation and pipeline usage, resulting in claims of isolated resources.

  • Claims of damages for failure to obtain permits.

  • Damages claimed for improper gathering and compression charges.

  • Claims for fraud and intentional misrepresentation in seeking oil and gas investments.

  • Damages claimed for failure to pass good title to property.

  • Claims of mismanagement resulting in increased costs and decreased revenues.

  • Claims for the statutory rights of a dissenting shareholder in improper purchases or sales.