Dispute resolution & risk management

Oliva Gibbs’ litigation attorneys approach every matter with a clear objective — understand our clients’ goals and then aggressively pursue them in court, arbitration, or other contested settings. We represent exploration and production companies, oil and gas operators, mineral buyers, construction companies, and service providers in complex litigation, arbitration, and contract negotiations with strategies tailored to their unique goals. Our team is rial-ready and industry-focused, bringing the knowledge and advocacy required to manage risk, protect value, and achieve results in complex and competitive environments.

Royalty disputes

Royalty disputes are rarely simple. They often involve overlapping issues of contract interpretation, regulatory compliance, and competing ownership claims. Common disputes include allegations of nonpayment or underpayment of royalties, improper post-production deductions, challenges to production in paying quantities, and disagreements over pricing formulas. In more complex matters, multiple parties may assert competing claims to the same interest, resulting in interpleader actions, receiverships, or other contested proceedings.

Oliva Gibbs represents clients in all types of oil and gas royalty disputes. Our attorneys bring industry knowledge and litigation expertise to enforce rights, defend against claims, and protect the value of our clients’ assets. While many disputes can be resolved through strategic negotiation, our team is fully prepared to litigate aggressively when necessary to achieve a client’s objectives.

Contract disputes

Contracts are the backbone of every oil and gas operation, governing relationships between operators, contractors, mineral owners, and service providers. However, disputes under these agreements are common and can quickly escalate into high-stakes conflicts. Among others, our attorneys handle oil and gas disputes arising under:

• Joint operating agreements (JOAs) — including claims of breach, nonperformance, and disputes over authority and obligations among working interest owners
• Master service agreements (MSAs) — involving indemnity provisions, allocation of liability, and scope of work disagreements
• Purchase and sale agreements (PSAs) — addressing title defects, closing conditions, representations and warranties, and payment disputes
• Surface use agreements (SUAs) — addressing claims relating to surface use and access conflicts, easement and right-of-way disputes, trespass and subsurface trespass claims, and site remediation and environmental conditions
• Drilling, service, and supply contracts — involving performance claims, cost recovery issues, and operational liabilities

We help clients enforce their contractual rights, defend against breach allegations, and assess risk exposure when conflicts arise. Our attorneys are skilled in guiding matters through negotiation and arbitration when a practical resolution is possible, and we are equally prepared to litigate aggressively when courtroom advocacy is required. With deep industry knowledge and a results-driven approach, we ensure our clients’ contracts protect the value of their operations and withstand challenge.

Commercial litigation

Oil and gas companies often encounter disputes that extend beyond traditional contract matters. Commercial litigation in this industry can involve complex business and tort claims with significant financial and operational consequences. These disputes require not only skilled litigators but also counsel who understand how the energy business works.

Our attorneys represent clients nationwide in a range of commercial litigation matters, including:

• Tortious interference and fraud claims
• Partnership and joint venture disputes
• Breach of fiduciary duty and corporate governance issues
• Business dissolution and shareholder conflicts
• Unfair competition and trade secret litigation
• Misrepresentation and deceptive trade practices claims

Title-related disputes

When land title is unclear, everything else is on hold. Disputes over mineral and royalty title are common in oil and gas operations and may arise from:

• Competing claims to mineral, royalty, or overriding interests
• Ambiguous deed or lease language
• Breaks in the chain of title
• Boundary and pooling disputes
• Partition suits between co-owners
• Quiet title actions to confirm ownership and eliminate adverse claims

Our litigation team approaches these cases with precision and strategy. We identify key facts early, develop a strong and persuasive legal narrative, and align our approach with each client’s business objectives. Whether before trial courts, appellate courts, or arbitration panels, we advocate forcefully to protect our clients’ rights, mitigate risk, and safeguard long-term value.

Construction disputes

Construction projects involve complex contracts, multiple stakeholders, and significant capital investments. When disputes arise, they can delay schedules, increase costs, and threaten the success of the entire project. Effective resolution requires not only strong litigation skills but also a practical understanding of how construction projects are managed and delivered.

Our attorneys represent clients in a wide range of construction disputes, including:

• Contract and payment disputes (breach of contract, nonpayment, mechanics’ liens, bond claims)
• Defective construction and design claims (structural issues, foundation failures, water intrusion, code violations)
• Project delay and disruption claims (scheduling conflicts, acceleration, liquidated damages)
• Insurance and indemnity disputes (CGL coverage, builder’s risk policies, hold harmless provisions, surety bonds)

Oliva Gibbs approaches construction litigation strategically — identifying key issues early, developing persuasive arguments, and aligning our strategy with our clients’ business objectives. Whether litigating in court, presenting before an arbitration panel, or negotiating resolution, we work to protect our clients’ interests, manage risk, and keep projects moving forward.

Tite-related disputes

In oil and gas operations, clear title is essential—without it, development, leasing, and transactions can grind to a halt. Title-related disputes are common and often complex, requiring attorneys who can both untangle historical records and advocate effectively in court.

Our attorneys represent clients in a broad range of title disputes, including:

• Competing claims to mineral, royalty, or overriding royalty interests
• Ambiguous deed or lease language leading to conflicting interpretations
• Breaks or defects in the chain of title that cloud ownership
• Boundary, pooling, and unitization disputes
• Partition suits between co-owners of mineral or surface estates
• Quiet title actions to confirm ownership and eliminate adverse claims

Beyond traditional title litigation, we also handle receivership proceedings, interpleader actions, and multi-party ownership disputes. Working closely with our in-house title team, we provide clients with both legal advocacy and technical clarity, ensuring disputes are resolved on paper so that operations can move forward in the field.

Clients choose Oliva Gibbs because we don’t just know the law — we know the oil and gas business. Our litigation attorneys shape legal strategy around your operations, develop case themes early, and drive toward results with focus and precision. Whether in court, arbitration, or mediation, our team resolves disputes with purpose.