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Dane quits
as FGH announces problems with rig contracts
John Dane III has resigned as vice chairman, president and chief
operating officer of Friede Goldman Halter. The news came at
the same time as a warning that the company anticipates announcing
a loss for the quarter ended December 31, 1999
Chairman and CEO J.L. Holloway also revealed
that the company faces ongoing problems with four rig construction
projects. Holloway is picking up Dane's title of of president
of the company, which "does not currently anticipate filling
the
office of chief operating officer. "
FGH's spin on this is that it is "taking
certain steps to minimize the financial and operational impact
of problems resulting from four rig construction contracts with
two customers and plans to aggressively evaluate all non-strategic
assets and operations for divestiture opportunities." The
FGH board has approved the retention of an investment banking
firm to facilitate the process.
The four rig contracts in question are
two for Ocean Rig ASA and two rig for Petrodrill.
FGH says it has has notified Ocean Rig
ASA regarding additional construction delays on the Bingo 9000
1 & 2 semisubmersible drilling rigs. FGH asserts that "deficiencies
in the owner's design and late deliveries of owner-furnished
equipment and owner-furnished information have caused FGH additional
delays and cost overruns. The company has not determined feasible
delivery dates due to the delays in Ocean Rig's delivery of owner-furnished
equipment and owner-furnished information as well as unresolved
critical issues regarding Ocean Rig's contractual obligation
to commission the rigs."
FGH says that "as a result of Ocean
Rig's failure to meet its obligations," it won't t the scheduled
delivery dates for the two Bingos of March 31 and June 30, 2000.
FGH had previously announced that it would
make a claim for $75 million in compensation for additional costs
and delays in an arbitration proceeding slated to begin January
27. Now, it says, it has subsequently increased its claim in
the arbitration proceeding to $95 million.
FGH anticipates an arbitration decision
by the end of March. It says it believes that it has "additional
claims for substantial amounts, in excess of the claims made
in the pending arbitration, for additional costs and delay damages
relating to the construction of the two rigs." These claims
will not be considered as part of the arbitration commencing
at the end of January. FGH will assert the additional claims
in a subsequent arbitration proceeding, which was initiated by
Ocean Rig on January 11, 2000. Ocean Rig has asserted claims
against the FGH based on FGH's failure to deliver the rigs on
or prior to the contractual delivery dates.
FGH has notified Petrodrill that, "as
a result of ongoing delay, deficiencies and other
material defects in work by engineering subcontractors chosen
by Petrodrill," FGH is entitled to extensions of the contractual
delivery dates. FGH says it believes that the delays by these
subcontractors constitute permissible delay under the contracts.
It says Petrodrill has consistently refused to grant extensions
in the delivery dates.
"These factors," says FGH, "are
causing, and are expected to continue to cause, the company to
incur significant additional costs in excess of the company's
original anticipated costs. The company has responded by deferring
additional fabrication efforts on these projects, and is proceeding
with detailed engineering only in order to re-establish proper
sequencing. Without the requested time extensions, the company
has notified Petrodrill that the existing contract delivery dates
cannot be met. In addition, the company has informed Petrodrill
that it is entitled to compensation for additional costs and
delay damages."
FGH says it "anticipates that Petrodrill
will disagree with the company's actions."
"As a result of the continued sluggish
market conditions through the fourth quarter, merger related
costs and the impacts of the Ocean Rig contracts," says
FGH, it "anticipates that it will report a loss for the
quarter ended December 31, 1999. The amount of the loss has not
been determined and is dependent ,in large part, upon the results
of the Ocean Rig arbitration proceedings. The results of those
proceedings could materially impact the company's financial results
for the fourth quarter. However, any costs incurred by the company
in excess of the original contract price on the Petrodrill contracts
will not materially affect the company's income statement because
such amounts will be reflected in the purchase accounting treatment
of the acquisition by Friede Goldman of Halter Marine Group,
Inc.
Under such accounting treatment, any such
excess amount will have the impact of increasing goodwill, which
will be amortized over a 25-year period.
"Our decision to become more proactive
in protecting our rights and interests on both the Ocean Rig
and Petrodrill projects was not arrived at easily," said
Holloway. "The Friede Goldman Halter companies have a long
history of meeting commitments for virtually every established
operator in the offshore energy industry. We are pleased with
the status of other projects in our vessel, engineered products
and offshore segments."
Finally, the company announced several
new construction contracts with a total value of $199 million:
- A $110 million derrick/pipelay barge
for the China National Offshore Oil Company (CNOOC). The vessel
will incorporate a 3,800 metric ton AmClyde Model 60 crane and
an AmClyde 8-point mooring system. The barge and many of the
AmClyde components will be built at the Yantai Raffles shipyard
in Yantai, China with Friede Goldman Offshore serving as prime
contractor. This contract is contingent upon the Company providing
a financial guarantee bond in the amount of 10% of the contract
value.
- A $70 million car carrier for Pasha Hawaii
Transport Lines, a joint venture between The Pasha Group and
Van Ommeren Shipping USA. The 580-foot vessel will be constructed
at the company's Pascagoula, MS facility. Construction is subject
to U.S. Maritime Administration financing, an application for
which was applied for in December 1999.
- A $10 million contract to build an ocean-going
tank barge for Express Marine.
- A $9 million contract to build 30 deck
barges for Ingram Industries.
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