Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Tuesday, April 22, 2014

HESS CORPORATION V. ENI PETROLEUM US, LLC A-3464-12T4

HESS CORPORATION V. ENI PETROLEUM US, LLC
          A-3464-12T4
 In this appeal, we address the issue of whether defendant could raise a force majeure defense to plaintiff's breach of contract claim in a case where defendant's production of natural gas was disrupted by a leak in an underwater pipeline used to bring the gas to shore from defendant's offshore production point. The parties' contract provided that defendant was required to provide a specific quantity of natural gas to plaintiff at a specific location for a specific price. However, the contract did not specify where defendant would obtain the gas to fulfill its obligation. Although defendant's own production of gas was disrupted by the leak in the pipeline, gas was still available from other sources to enable defendant to meet the requirements of the contract. Under those circumstances, we affirmed the decision of the trial court that the leak in the pipeline defendant used for the gas it produced did not constitute a force majeure event under the contract and was not grounds for excusing defendant's failure to perform the clear terms of its agreement with plaintiff. 03/26/14