BP must indemnify Halliburton for Gulf oil spill

1 of 20 | Share

BP Gulf oil spill

BP Plc can’t collect from Halliburton Co. part of the $40 billion in cleanup costs and economic losses caused by the 2010 oil-well blowout and Gulf of Mexico spill.

BP must indemnify Halliburton for damage claims under its drilling contract, U.S. District Judge Carl Barbier in New Orleans ruled today. London-based BP sued Halliburton, which provided cementing services for the project, in April to recover a share of its damages and costs from the spill.

“BP is required to indemnify Halliburton for third-party compensatory claims that arise from pollution or contamination that did not originate from the property or equipment of Halliburton located above the surface of the land or water, even if Halliburton’s gross negligence caused the pollution,” Barbier wrote.

Any awards for punitive damages against Houston-based Halliburton or civil penalties under the Clean Water Act won’t have to be covered by BP, Barbier said. The decision follows an earlier ruling that BP also must indemnify Transocean Ltd., owner of the Deepwater Horizon rig that exploded and sank.

Beverly Stafford, a spokeswoman for Halliburton, didn’t immediately respond to e-mail and voice messages seeking comment.

BP rose 79 cents to $44.93 at 1:14 p.m. In New York Stock Exchange composite trading.

Macondo Blowout

The April 2010 Macondo well blowout and the explosion that followed killed 11 workers and set off the worst offshore oil spill in U.S. history. The sinking of Transocean’s Deepwater Horizon drilling rig and spill led to hundreds of lawsuits against BP and its partners and contractors.

Halliburton asked Barbier in November to find that the drilling contract provided that BP indemnify the company “for any and all claims related to a blowout or uncontrolled well condition and for any and all claims relating to pollution and or contamination from the reservoir.”

BP said Halliburton’s motion for indemnity was “fatally premature.” Claims about Halliburton’s “conduct remain to be resolved at trial” including whether the company “was grossly negligent or committed fraud by making false statements and concealing test results before it used a defective cement slurry on the Macondo well,” BP said in a Dec. 21 filing.

The terms of the indemnity provisions in the contract between the companies “do not cover intentional torts or willful misconduct such as fraudulent concealment,” BP said.

6 Comments

  1. mark

    Wow! Even if they were grossly negligent and failed to do their job directly causing the accident they pay nothing and even have the nerve to make BP pay them more money. It must be nice for Halliburton to have friends in such high places. I’ll bet no oil company will be signing any such bogus contracts in the future. It’s like hiring a construction company to build a school, having them certify the work was done correctly. Then when the school collapses because of shoddy work, and incompetent workers, it’s the owners fault no matter what.

    #1
  2. Nuffsaid500

    Nuff Said

    BP must indemnify Halliburton
    BP also must indemnify Transocean Ltd.

    Nuff Said

    #2
  3. Mortimer Hotclaw

    looks like bp really screwed the pooch on this one.

    #3
  4. Mortimer Hotclaw

    bp really screwed up on this one

    #4
  5. fencesitter

    nuffsaid,

    no they do not have to, what was the contract.
    Intel had to indemnify dell againist law suits regarding the cache memory chips in their CPU, Intel did not have to indemnify any other company (HP, Compaq etc)

    #5
  6. SarahATP

    U.S. District Judge Carl Barbier, a whole owned subsidiary of Halliburton, ruled today…

    #6