APCA Journal 4th Quarter 2025

The Publication for Merit Shop Pipeline Contractors AMERICAN PIPELINE CONTRACTORS ASSOCIATION 4th Quarter 2025 APCA Holds Magical Mid-Year on Mobile Bay AI and the Pipeline Construction Contract: Promise, Pitfalls, and Practical Wisdom Six Ingredients Every Future Leader Must Have Discipline and Discharge Tips for Contractors APCA Works Throughout Shutdown for Energy Dominance and Other Priorities Keynote speaker and magician Ben Whiting

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PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 5 Officer Directors Official Publication of the American Pipeline Contractors Association Board of Directors Publication Staff PO Box 638 Churchton, MD 20733 (703) 212-7745 • www.americanpipeline.org ©2025 American Pipeline Contractors Association Nick Bertram Jomax Construction Co., Inc. Mike Castle, Jr. Castle Paul Cook Sunland Construction, Inc. Scott Coppersmith (Advisory) Mears Group, Inc. David Dacus (Advisory) Troy Construction, LLC Taylor Dacus Troy Construction, LLC Shannon Driver Holloman Corporation Ricky Dyess M.G. Dyess, Inc. John Fluharty (Advisory) Troy Construction, LLC Adam Nietsche Pumpco, Inc. Sean Renfro (Advisory) Sunland Construction, Inc. Aaron Simon (Advisory) Troy Construction, LLC Roy Weaver Weaver, LLC Publisher Timothy Wagner Editor Michael Ancell Associate Editor Caroline Ferguson Advertising Sales Stacy Bowdring Information Technology Greg Smela Accounting James Wagner Layout & Design Joseph Wagner Government Affairs Ben Brubeck Government Affairs Jaime Steve President Kevin LaBauve WHC Energy Services President-Elect Nick Bruno Bi-Con Services Vice President Chris Jones HardRock Infrastructure Services Secretary/Treasurer Patrick McRae Mears Group, Inc. AMERICAN PIPELINE CONTRACTORS ASSOCIATION 4th Quarter 2025 APCA Works Throughout Shutdown for Energy Dominance and Other Priorities 7 By Ben Brubeck The longest federal government shutdown in U.S. history ended November 12 after 43 days following the passage of a stopgap measure to fund the government through January 30, 2026. But the shutdown didn’t stop the APCA government relations team from connecting with federal agencies and congressional lawmakers and staff this quarter about APCA legislative and regulatory priority issues on permitting red tape, pipeline safety, workforce development, and labor reform. APCA Holds Magical Mid-Year on Mobile Bay 18 Nearly 200 APCA members, family, and friends gathered at the historic Grand Hotel Resort along picturesque Mobile Bay in October for the association’s 2025 Mid-Year Meeting. They were delighted by a magical keynote, learned about meritshop growth in pipeline construction, delved into leadership development, and were updated on APCA’s government affairs activities and important developments in employment law. And as always at APCA meetings, members networked with industry peers, tended to association business, enjoyed tours around the area, and competed in the APCA Golf Tournament. APCA Year-End Product Showcase 45 Human Resources | By Greg Guidry 11 Contract Law | By John Grayson 15 Leadership | By Andy Patron 33 Safety Watch 35 News Briefs 37 Industry Calendar 58 New APCA Members 58 Advertiser Index 58

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 7 Inside Washington Continued on page 8 The longest federal government shutdown in U.S. history ended November 12 after 43 days following the passage of a stopgap measure to fund the government through January 30, 2026. But the shutdown didn’t stop the APCA government relations team from connecting with federal agencies and congressional lawmakers and staff this quarter about APCA legislative and regulatory priority issues on permitting red tape, pipeline safety, workforce development, and labor reform. The White House continues to emphasize the need for energy dominance through reliable energy grids—a knock against inconsistent wind and solar production relying on federal tax credits—to meet new demands from growing domestic manufacturing and AI infrastructure projects championed by the Trump administration. The resulting short- and long-term energy demand will produce a robust market and many opportunities for APCA members and stakeholders. In the second half of 2025, the Federal Energy Regulatory Commission has advanced several projects of interest to APCA members, including the Black Bayou Gas Storage Project, Northwest Pipeline LLC Expansion, Distrigas of Massachusetts LLC Compressor, Rover Pipeline LLC, Rio Grande LNG, Texas LNG, Plaquemines LNG Expansion, and Gulfstream LNG Project. “Republicans are delivering on our promise to strengthen the grid, create American jobs, and lower energy costs for American families,” U.S. House Speaker Mike Johnson (R-La.) said in response to the September 18 House passage of three bills, which are under consideration in the Senate. “Together with President Trump, Republicans in Congress are helping pave the way for a return to American energy dominance.” The House-passed bills—H.R. 1047, H.R. 3062, and H.R. 3015— improve grid reliability, streamline the permitting process for cross-border energy infrastructure projects, and facilitate the use of clean coal. Permit Reform Gains Momentum APCA and 500+ organizations from every U.S. state joined a U.S. ChamAPCA Works Throughout Shutdown for Energy Dominance and Other Priorities Jaime Steve Government Affairs Solutions jsteve@gasolutions.net (202) 841-5493 Ben Brubeck Government Affairs Solutions bbrubeck@gasolutions.net (703) 472-7850 The White House continues to emphasize the need for energy dominance through reliable energy grids—a knock against inconsistent wind and solar production relying on federal tax credits— to meet new demands from growing domestic manufacturing and AI infrastructure projects championed by the Trump administration.

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 8 Inside Washington Continued from page 7 ber of Commerce coalition letter September 3 calling on Congress to enact meaningful legislation to modernize America’s permitting process. Congress has been busy holding hearings and discussing permit reform legislation like the APCA-supported Standardizing Permitting and Expediting Economic Development Act, or the SPEED Act (H.R. 4776), introduced by House Natural Resources Committee Chair Bruce Westerman (R-Ark.). The bipartisan SPEED Act, which passed out of the committee on November 20, aims to fix the broken National Environmental Policy Act (NEPA) process by clarifying which federal actions are subject to NEPA and what information agencies should include in their environmental reviews when preparing NEPA documents. It would also bring common sense to judicial review of NEPA claims by stipulating that the sole remedy available to courts in deciding NEPA cases is to remand the action back to the lead agency to remedy deficiencies, rather than allowing courts to kill the entire project. Federal agencies are focused on permit reform, too. On September 29, the APCA-supported Council on Environmental Quality chair Katherine Scarlett rolled out a memoran- dum providing agencies guidance on implementing NEPA. The memorandum and corresponding Agency NEPA Proce- dures Template provide a framework for agencies to overhaul their NEPA procedures and cut red tape. On November 17, the U.S. Environmental Protection Agency and the U.S. Department of the Army announced a proposed rule that would clarify the definition of “waters of the United States”—commonly known as WOTUS—and fully implement the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency. Upon publication in the Federal Register, the proposed rule will be open for a 45-day public comment period. Expect APCA to provide comments in support of this reform to WOTUS, which can delay and obstruct pipeline construction and other critical infrastructure projects. APCA members are encouraged to share permitting concerns with APCA’s government affairs team to enhance our advocacy efforts to reform the broken federal permitting process. Pipeline Safety The House and Senate are making steady progress advancing legislation that would improve pipeline safety and help prevent third party dig-ins of underground pipeline, energy, water, and communications utilities. In a September 15 letter to the U.S. House Transportation and Infrastructure Committee, APCA expressed support for the Promoting Innovation in Pipeline Efficiency and Safety (PIPES) Act of 2025 (H.R. 5301), which passed out of committee on September 17. Section 18 of the House bill has stronger damage prevention language compared to Section 211 of the Senate version of this bill, known as the Pipeline Integrity, Protection, and Enhancement for Leveraging Investments in the Nation’s Energy to assure Safety, or PIPELINE Safety Act of 2025 (S. 2975), which was voted out of the U.S. Senate Committee on Commerce, Science, and Transportation on October 21. APCA is working to ensure passage of the bills and resolve differ- ences if it goes to conference committee after passing each chamber, respectively. Likewise, APCA remains active in the Common Ground Alliance Damage Prevention Action Center’s campaign to prevent costly and dangerous third-party utility strikes by enhancing federal, state, and local policies. Bridging the Skills Gap This quarter, APCA’s government affairs team met with U.S. Departments of Education, Labor, and Commerce, the Senate Health, Education, Labor and Pensions Committee, Senate Commerce Committee, and House Education and Workforce Committee in support of workforce development priorities, such as improvements to the career and technical education system and registered apprenticeship programs. As discussed in the Trump administration’s report, Amer- i A c g a e ’s Talent Strategy: Building the Workforce for the Golden , federal policymaker support of these programs will help attract, upskill, and retain the energy and construction industry’s workforce needed to build America’s 21st Century energy and pipeline infrastructure and meet the additional market needs as a result of the full deployment of federal and private investments in power-hungry data centers and manufacturing facilities. APCA also provided policymakers with information about the growing market share of merit shop contractors and workforce. Almost 8 of every 10 U.S. construction trades workers building domestic pipeline construction projects do Congress has been busy holding hearings and discussing permit reform legislation like the APCAsupported Standardizing Permitting and Expediting Economic Development Act or the SPEED Act (H.R. 4776), introduced by House Natural Resources Committee Chair Bruce Westerman (R-Ark.).

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 9 not belong to a union, according to a Continuum Capital report presented at APCA’s Mid-Year Meeting in October. “More than 77 percent of the U.S. pipeline construction workforce are employed by merit shop contractors, which are firms that are not signatory to unions,” Continuum Capital principal and report author Mark Bridgers said. “The merit shop share of the pipeline industry’s construction workforce has steadily increased from 50.6 percent in 2010 to 77.1 percent in 2023, according to the most recently published government data.” Labor and Workforce The Senate Health, Education, Labor, and Pensions Committee considered the Trump administration’s National Labor Relations Board (NLRB) nominations of Scott Mayer, chief labor counsel at the Boeing Corporation, and James Murphy, a former career official with the NLRB, to serve as members on the board. The NLRB currently has four of its five board seats vacant following President Trump’s unprecedented firing of Biden appointee Gwynne Wilcox and the expiration of NLRB Chair Marvin Kaplin’s term on August 27. The confirmation of Mayer and Murphy would restore the NLRB’s functionality, as it cannot issue key decisions on labor and employment matters unless it has at least three members. Murphy and President Trump’s NLRB General Counsel nominee Crystal Carey faced a tough Senate HELP confirmation hearing but were ultimately approved by the committee on October 9. Mayer did not share the same good fortune. Mayer parried questions from labor-friendly Sen. Josh Hawley (R-Mo.) and Senators across the aisle that ultimately led to the temporary delay of his confirmation vote. Mayer appears to have alleviated Hawley’s concerns as he awaits a confirmation vote by the full committee. If successful, Mayer will join Murphy and Carey, who await a full Senate confirmation. Of note, on November 10, the Senate HELP Committee announced the introduction of a slate of labor reform bills aimed at improving the workplace flexibility and rights of the modern workforce. Likewise, on November 20, a subcommittee of the House Education and Workforce Committee marked up two bills reforming the Fair Labor Standards Act (FLSA). The Ensuring Workers Get PAID Act (H.R. 2299/S. 2267) would reinstate and codify the U.S. DOL’s Payroll Audit Independent Determination (PAID) program, allowing employers to self-audit, report, and correct potential violations of certain FLSA regulations. The Working Families Flexibility Act (H.R. 2870) would modernize the FLSA and allow employers to offer employees the choice of receiving their overtime pay either traditionally, through additional regular compensation in their next paycheck, or as paid time off to use at a later date. Battle for Fair and Open Competition Continues APCA continues to advocate against anti-competitive and costly government-mandated project labor agreements (PLAs) on federal and federally assisted construction projects. A controversial June 12 White House Office of Management and Budget memo (M-25-29) indicates that the Trump administration will continue former President Biden’s inflationary policy mandating PLAs on federal construction projects valued at $35 million or more. Despite the OMB’s new PLA language exempting projects from PLA mandates if federal agencies determine that a PLA mandate will increase costs by 10 percent or more, it is very concerning that the Trump administration’s default posture is pro-PLA. On September 23, APCA joined more than 25 other construction industry and business groups in a BuildAmericaLocal.com coalition letter to the Trump administration opposing government-mandated PLAs and the OMB’s policy. Litigation is progressing in the U.S. Court of Federal Claims against individual federal agency PLA mandates, and a separate federal lawsuit against the Biden rule in the 11th Circuit Court of Appeals heard arguments on September 12. Earlier this year, an APCA grassroots campaign asked APCA members to write the White House in support of a new fair and open competition policy in contrast to the Trump administration’s current continuation of the harmful Biden policy. In Congress, APCA continues to support the Fair and Open Competition Act (H.R. 2126/S.1064), introduced by Rep. Clay Higgins (R-La.) and Sen. Todd Young (R-Ind.), which would prohibit harmful government PLA mandates and preferences on federal and federally assisted projects. As always, APCA members must remain politically engaged via grassroots communications and sustained outreach to elected officials throughout the end of 2025 and into the 2026 midterm election season. APCA’s government affairs team wishes you a prosperous holiday season and looks forward to visiting with APCA members at our annual Washington, D.C. fly-in February 4-6, where we will meet with members of Congress, the Trump administration, and industry leaders to discuss policy and political matters of importance to our industry. 7

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PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 11 Human Resources I have written previous articles for the PCCA Journal on this topic but thought it would be timely to republish it, with a few tweaks, given the massive amount of terminations that are taking place in our country. Anyone in your organization that has the authority to discipline and terminate employees needs to get this information. Proper disciplinary techniques should be designed not only to warn or punish improper behavior, they should also be designed to salvage and improve the performance of the employee concerned. A common mistake in many companies is to view discipline solely as a negative event, instead of making it a proactive and potentially positive process. On the contrary, a discharge should be implemented with the thought that it is a potential liability event. The following checklist highlights areas of consideration for the employer in evaluating its disciplinary and discharge policies and practices, so as to avoid costly litigation. A. Act reasonably and fairly in all employment-related actions, including discipline and discharge. B. Educate supervisors about proper discipline and termination techniques. 1. An employer or supervisor might ask, “Why is it important that supervisors personally be familiar with legal concepts and techniques?” The answers are several: a. It is an important part of the supervisor’s job to be familiar with his or her labor law responsibilities, since his or her actions will usually bind the company in labor and employment law matters. b. Effective discipline by supervisors can improve employee morale. c. Effective discipline by supervisors can increase productivity of employees. d. Sloppy discipline can result in financial disaster, not only for the employer, but for the supervisor individually. i. Many employment-related lawsuits now name individual supervisors involved in the employment action at issue. ii. By suing the individual supervisor, the employee’s attorney broadens both the basis for liability and the sources for a monetary judgment. For example, when the employer is sued in a discharge case on the basis of an antidiscrimination statute and the supervisor is sued on the basis of a tort claim, the employee has two chances to access liability and to recover damages. iii. In joining the individual supervisor as a codefendant with the employer on alternative legal theories, the employee can often place the two squarely at odds with each other. Note that supervisors are not subject to individual liability under some federal statutes, like Title VII and the Age Discrimination in Employment, so they can be dismissed from lawsuits that name them. However, the employer may be liable for their inappropriate behavior. iv. Joining multiple defendants and multiple theories has the effect of increasing the complexity of the litigation, thus making the process of defending the case more complicated, time-consuming, and costly. This increases settlement leverage for the employee. C. Communicate your work rules and policies and procure written acknowledgments from employees. A mere signature on the acknowledgment may not be sufficient. Consider getting a signed acknowledgment, preferably with a witness, confirming that an actual explanation and discussion of comGreg Guidry Ogletree Deakins Nash Smoak & Stewart greg.guidry@ogletree.com (337) 769-6583 Discipline and Discharge Tips for Contractors Continued on page 12

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 12 municated policies took place. D. Review and legalize your employee applications, employee handbooks, and employee policies, and then follow them. Note that under the Biden National Labor Relations Board, many very common policies were declared unlawful. Once the NLRB gets a quorum again, we are hoping that these terrible decisions will be reversed. E. Conduct objective, fair, consistent, and honest employee evaluations. Avoid the “smoking gun” in your termination case. F. Establish one or more forms of employee communication system, and consider whether a grievance procedure or other form of Alternative Dispute Resolution would be useful and effective in your organization. G. Even if you do not have a formal, written progressive discipline policy, practice progressive discipline. If you do have one, follow it. H. Document, but do so carefully. 1. It is critical that an employee’s overall disciplinary record, as well as the record of the particular incident giving rise to a discharge, be carefully documented. 2. At a bare minimum, proper documentation requires that all instances of corrective counseling, verbal or written warnings, suspensions, or other disciplinary action be recorded in the employee’s file. Ideally, the file should contain much more than this. 3. When discipline is necessary, the file should contain the following: a. A succinct description of the incident giving rise to the disciplinary action. b. A listing of the individuals who witnessed the incident and in discharge cases their signed statements. c. A description of the investigative procedures that were followed prior to imposing discipline. d. The originals of any physical evidence that might be involved. e. A complete statement of the employee’s version of the relevant facts when differences exist. f. Precise records of any remedial efforts or conferences that precede a termination decision. 4. Records should be specific as to time, date, location, and names. 5. When warnings are given, the employees should be asked to sign the warning. If the employee refuses, it should be noted on the face of the form and signed by the individual who gave the warning and witnessed the employee’s refusal to sign. 6. Warnings should specify the prospect of future disciplinary action in the event that behavior or performance problems remain uncorrected. When appropriate, the exact nature of future disciplinary action should be specified. 7. Documents should contain only objective facts and conclusions. a. Avoid the use of emotionally charged or judgmental words, e.g., “thief,” “fool,” or “idiot.” b. Avoid injections of personal opinion. I. Do not act hastily in your discipline and termination decisions. J. Investigate thoroughly and discretely. 1. “Look before leaping.” 2. Some circumstances require suspension pending investigation. 3. An adequate investigation should achieve a number of goals: a. It should ensure that the critical facts on which the discharge or disciplinary action is based are accurate, documented, and provable. Make it COMPLETE! b. It should involve an objective analysis of the case’s weaknesses. In any situation that could be disputed, strongly consider giving the employee a chance to explain before taking final action. Many employers always get the employee’s side of the story before taking any disciplinary action. c. It must ascertain whether the contemplated disciplinary action is consistent with the steps taken in previous similar situations. BE CONSISTENT WITH PAST PRACTICE! 4. Determine whether inhouse or outside counsel should be involved. 5. Obtain corroborating statements from other employees. 6. DO NOT assume supervisors’ accusations are true. Test the truth of supervisors’ statements the same way you test nonsupervisory employees. 7. DO NOT conduct a lengthy interrogation, if at all possible. 8. DO NOT threaten employees with prosecution. 9. DO NOT touch employees being interrogated or make threatening gestures. 10. DO NOT restrain employees from leaving the room where the interrogation is being conducted, and do not lock the door or block the exit. 11. Obtain a signed admission, if possible. 12. Avoid accusing an employee of wrongdoing. Your questions should be investigatory. 13. DO NOT publicize the incident or conclusion reached except to those who have a need to know. 14. Avoid invading the employee’s privacy. Human Resources Continued from page 11

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 13 15. Search or test only if you have a written policy in advance. K. Set up a system requiring independent review of disciplinary and especially discharge decisions. L. After the termination decision is made, consider conducting a termination interview, and prepare for it. M. Consider having other management witnesses present in disciplinary or termination meetings with the employee, and assume that you are being tape recorded. N. Draft any termination letters, unemployment forms, and final evaluations with care. O. In any questionable termination situation, consult with counsel before taking action. P. Avoid the temptation to tamper with the employee’s final paycheck with unreasonable or arbitrary deductions, and pay all accrued benefits. Q. Consider paying severance pay in exchange for a release. (Seek advice of counsel in this area.) R. Consider post-termination outplacement assistance. S. Even nonunion employers might do well to test themselves against the questions arbitrators interpreting collective bargaining agreements typically ask in determining whether “just cause” to terminate exists in a particular case: 1. Did the company give to the employee forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee’s conduct? 2. Was the company’s rule or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the company’s business and (b) the performance that the company might properly expect of the employee? 3. Did the company, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management? 4. Was the company’s investigation conducted fairly and objectively? 5. At the investigation did the “judge” obtain substantial evidence or proof that the employee was guilty as charged? 6. Has the company applied its rules, orders, and penalties evenhandedly and without discrimination to all employees? 7. Was the degree of discipline administered by the company in a particular case reasonably related to (a) the seriousness of the employee’s proven offense and (b) the record Continued on page 14

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 14 of the employee in his service with the company? T. Reductions in force for economic reasons present different issues. Consider the following suggestions: 1. WARN notice considerations for mass reductions. 2. The Older Workers Benefit Protection Act waivers must be carefully prepared to be effective to release federal age discrimination claims. 3. Don’t guarantee reemployment in an effort to ease the pain. 4. Attempt to use an objective basis for selecting terminated employees: * Seniority, production, performance, function-based eliminations 5. After selecting your candidates for termination, look at the snapshot: does it appear to impact any category of worker (i.e., older workers) disproportionately to their representation in the workforce? If so, evaluate your objective basis for selection. 6. Make sure that you pay all accrued pay and benefits to the eliminated workers. 7. Consider outplacement assistance. 8. Consider a voluntary severance payment, although the law does not require same. 9. If your handbook deals with layoffs and reductions in force, make sure that you follow the provisions. 10. Help with processing unemployment compensation claims of reduced workers. U. Guidelines to avoid defamation claims for disciplinary and discharge actions A large percentage of wrongful discharge claims also include defamation claims by the former employee, who alleges that the employer has damaged his or her reputation by communicating false information. Although the employer is entitled to a qualified privilege to disclose in good faith information that the employer reasonably believes is true to parties who have a legitimate interest in knowing, and several states now have a statutory privilege to give references, because of the liberal trend to find “openings” in the “qualified privilege,” employers are well advised to take precautions to avoid defamation claims or “invasion of privacy” claims, which do not require falsity. 1. Be truthful in all employment-related communications, including evaluations, documentation of disciplinary matters, investigations, and communications with third parties. 2. Substantiate, with evidence and documentation, any actions taken with respect to current or former employees. 3. Carefully verify any negative information before dissemination. 4. Disseminate employment-related information only on a need-to-know basis. 5. Avoid “accusatory” language in investigating employee misconduct. 6. In terminating the employee, consider advising the employee that he or she is not being accused of misconduct, but rather that the investigation has provided sufficient information to believe that the employee has engaged in misconduct. 7. Obtain corroborating statements. 8. Obtain a signed admission, if possible, from the employee suspected of wrongdoing. 9. Avoid communicating to remaining employees about the termination and reasons for the termination, unless the need to communicate is extremely important from a business need standpoint. 10. Obtain the employee’s consent to disclose employment data. This should be obtained either prior to the employee’s separation from employment or before providing a post-employment reference. 11. Get a written release from the employee concerning any post-employment release of information. 12. With respect to employment references, decide what your policy will be. Options are to not disclose any information on former employees, to give out a neutral reference with basic confirmation of employment only, to tell the inquiring employer whether you would or would not rehire, or to carefully disseminate accurate, objective, and limited information concerning the employee’s employment and/ or grounds for termination. 13. Be aware of compelled self-publication and negligent reference theories. 14. In light of new immunity provided for reference givers in several states, consider legal implications of failing to give out information on “dangerous” employees. 7 Human Resources Continued from page 13 2026 APCA Mid-Year Meeting The Broadmoor, Colorado Springs October 14 - 17, 2026

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 15 Contract Law Artificial intelligence is reshaping how business documents are created, reviewed, and negotiated. In routine settings—think standard nondisclosure agreements or simple leases—AI-powered drafting can be fast, accurate, and economical. But pipeline construction contracts live in a different world. They are complex, schedule- and detail-critical, and loaded with technical documents, exhibits, and risk shifting provisions. In that world, AI is a powerful tool, but it is not a substitute for careful human judgment. Understanding what AI does well—and where it struggles— can help contractors capture efficiencies without sacrificing clarity or control. What AI Does Well AI thrives on pattern recognition. Feed it a set of inputs, and it can draw from a deep pool of examples to propose well-structured clauses with consistent language. For pipeline projects, this can pay dividends in the early stages. AI can generate a comprehensive first draft that includes familiar provisions— payment terms, change orders, delays, indemnity, insurance, force majeure, and dispute resolution—while maintaining uniform definitions and cross-references across the document. It can also populate project basics from data the parties provide, reducing clerical errors and accelerating assembly. Beyond drafting, AI can spot issues. By comparing your draft against large libraries of clauses and industry norms, it can flag missing provisions or highlight unusual risk transfers. It can extract key data from other agreements and supporting documents, making it easier to align scope, schedule milestones, and performance criteria. By recognizing patterns from other contracts and disputes that often correlate with claims, such as vague scope descriptions, ill-defined change mechanisms, or conflicting schedules buried in exhibits, AI can help avoid problems caused by imprecise drafting. In short, AI can help you move quickly, stay consistent, and reduce oversights. The Limits: Nuance, Context, and Judgment The same strengths that make AI helpful also reveal its limits. AI recognizes patterns; it does not exercise judgment. Pipeline contracts are not just about arranging boilerplate; they translate the parties’ real intentions into enforceable commitments while anticipating how the work will unfold in the field. That requires a feel for context and nuance that AI cannot reliably replicate. Consider a few examples. A merger (integration) clause may look standard, but its wording can dramatically affect what is “in” and “out” of the deal. If the definition of “Contract Documents” is broad, meeting notes, bid clarifications, and pre-bid communications might become part of the agreement by reference. If it is narrow, those items may be excluded. While AI can propose a familiar clause; it is less reliable at calibrating that clause to the project’s actual history and the parties’ expectations. The same risk appears with capitalized terms and defined “Exhibits” and “Schedules.” In pipeline work, these attachments often carry the technical and commercial heart of the bargain. AI can assemble them, but it will not guarantee their hierarchy, tiebreakers, or that conflicts language reflects your negotiated intent. Jurisdiction and industry practices also matter. Pipeline work often spans multiple sites, permits, and regulators, with bespoke insurance and environmental terms. AI trained on generic or outdated sources may import provisions that look polished but do not match your governing law, allocation of John L. Grayson Cokinos | Young jgrayson@cokinoslaw.com (713) 535-5573 AI and the Pipeline Construction Contract: Promise, Pitfalls, and Practical Wisdom Continued on page 16

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 16 risk, or upstream obligations. Even subtle drafting choices— how to define cost escalation triggers, tie liquidated damages to milestone slippage, or align warranty responsibilities with third-party manufacturer terms—require judgment rooted in experience, not just language patterns. Risks: Over-Reliance, Outdated Data, and Security AI can miss the forest for the trees. It might suggest a “standard” change order process that clashes with how your team actually manages change in the field. It might propose indemnity language that is inconsistent with your insurance placement or your subcontracting chain. Or it may harmonize definitions across the main document while leaving conflicts with incorporated drawings or specifications unresolved. There are also data risks. AI systems are only as reliable as the data that shaped them. If the model learned from documents that are old, biased toward different markets, or drawn from inconsistent sources, it may surface forms and phrases that no longer reflect current practices. Some tools can produce “hallucinations”—confident but incorrect statements or invented references—that slip past busy reviewers. Security deserves attention as well. Pipeline projects involve sensitive commercial terms, site details, and employee information. Uploading drafts, attachments, and bid materials to a third-party platform can create exposure if the tool’s data handling, storage, or encryption is not robust. Even if the platform is reputable, you may need to contract for confidentiality, data segregation, and deletion rights before sharing live deal content. The Contract Clarity Problem: When Nobody “Drafts” the Deal A contract is a meeting of the minds; both sides should understand and agree to the same thing. If over-used, AI can produce a contract of which neither party is truly the author. If both sides rely on AI-generated language and neither reconciles it to the actual negotiations, the document may look clean while hiding mismatched expectations. This mismatch can be particularly dangerous in pipeline projects where scope and sequencing are interdependent and field decisions carry cost and safety implications. For example, suppose AI includes a broad statement that “Exhibits and Schedules are incorporated by reference,” without clarifying which documents control in the event of conflict. One party assumes the technical specifications govern; the other expects the main agreement to prevail. Or imagine AI mirrors boilerplate that excludes pre-bid communications from the contract, even though your price and schedule assumed specific clarifications discussed in writing. If the documents do not capture those clarifications, you may find yourself locked out of the promises you relied on. The contract is clear, just not in the way you expected. Why Pipeline Contracts Are Different A simple residential lease is relatively static. The parties bargain over rent, term, and a handful of standard responsibilities. Pipeline contracts, by contrast, are living instruments. They must coordinate owner-provided materials, access rights, environmental conditions, tie-ins to existing systems, weather and ground risks, regulatory permits and inspections, testing protocols, among others. AI can help assemble documents, but aligning the language with real-world execution remains a human task. This is where clarity, as repeatedly emphasized in this column, becomes the centerpiece. Define what documents make up the contract. State plainly which document controls if there is a conflict. Be deliberate about what is included or excluded from “Contract Documents,” especially bid invitaProvider of Launchers and Receivers for all Pipe Diameters Our Rentals Include: • Pig Launcher Rentals (4”-48”) • Pig Receiver Rentals (4”-48”) • Pig Sales • Valve Rentals 713-906-0271 candacetcrentals17@gmail.com tedbtcrentals@gmail.com www.tcrentalsinc.com P.O. Box 1688 • Tomball, TX 77377 Contract Law Continued from page 15

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 17 tions, instructions, clarifications, meeting notes, and proposals. Treat capitalized terms with care and verify exhibits and schedules are both accurate and precisely described. Read it twice and sign once. AI can speed the first read; it cannot take responsibility for the second. A Practical Path: Hybrid, Not Hands-Off A balanced approach uses AI as an assistant, not a decision-maker. Let AI produce a first draft tailored to your project inputs, compare it against your preferred clause library, and flag deviations from your internal expectations. Use it to pull key obligations into a summary and to run consistency checks across definitions and references. Then shift to human review. A construction-savvy lawyer should test the draft against business realities: your pricing assumptions, site conditions, insurance program, change management, subcontract structure, and dispute resolution. The attorney should tune the merger clause, define the “Contract Documents” with precision, and align exhibits and schedules so that if a conflict arises, the outcome matches your intention. Before circulating drafts, confirm the AI tool’s data privacy terms and do not allow training on your content unless you have explicit protections. Keep clean records of negotiations and ensure the final contract reflects every material understanding that affected price, scope, or schedule. If you relied on a bid clarification, either incorporate it or expressly state how it is treated. Do not assume the software captured it. The Bottom Line: What a Prudent Contractor Will Do AI does not think; it recognizes, captures, and acts. A prudent contractor will view AI as a timesaving, error-reducing tool— useful for assembling drafts, maintaining consistency, and spotting omissions—but will not rely on it to capture nuance or exercise judgment. Especially for pipeline construction, a prudent contractor will carefully review every contract with an experienced attorney to ensure it reflects expectations. A prudent contract will confirm the final draft reflects a true meeting of the minds, not just a polished template. The prudent contractor will sign only after making sure the contract says on paper what both sides actually intend to do in the field. Many thanks to attorney, Sam Pendergast, of the Cokinos Houston office, for his help with this article. 7

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 18 APCA Holds Magical Mid-Year on Mobile Bay Nearly 200 APCA members, family, and friends gathered at the historic Grand Hotel Resort along picturesque Mobile Bay in October for the association’s 2025 Mid-Year Meeting. They were delighted by a magical keynote, learned about merit-shop growth in pipeline construction, delved into leadership development, and were updated on APCA’s government affairs activities and important developments in employment law. And as always at APCA meetings, members networked with industry peers, tended to association business, enjoyed tours around the area, and competed in the APCA Golf Tournament. APCA President Kevin LaBauve, WHC Energy Services, greeted members at the Opening General Session and thanked them for coming down to Alabama. He told them about the association’s recent membership growth, energized government affairs efforts, and the packed program for the Mid-Year. Next on stage was keynoter and magician Ben Whiting, who thrilled the audience with amazing tricks (then told us how he did them) and then used magic and mind-reading as metaphors to teach us about communicating better, connecting with people, and creating a positive mindset. He encouraged the audience to look for things that make them laugh, that inspire them, and that give them reasons to like people: “The things we look for in life are the things that we find.” The Power of Merit Shop Contractors APCA members were also greatly inspired the next day, as Continuum Capital’s Mark Bridgers shared the results of his company’s Market Penetration Research, which showed merit-shop contractors capturing most of the natural gas pipeline construction work in terms of both mileage and workforce. “The results of this research will equip merit shop contractors to lead the next wave of growth in the pipeline construction industry and position their firms and customers for success,” he said. Bridgers said that the research debunks a host of pervasive myths in the industry by showing that: 1. Merit shop trade and supervision availability exceeds union availability,

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 19 2. Merit shop training resources and trained workforce equals or exceeds union standards, and 3. Merit shop owner preference is increasing versus union preference. Bridgers encouraged APCA members to review the research on the APCA website (www.americanpipeline.org), share it with all employees who interact with customers, and integrate the findings into proposals, client meetings, and all business development efforts. APCA continued its ongoing Leadership Development Program at the Mid-Year, with a session on contract administration and negotiating skills. Led by Andy Patron, founder of HELPS Consulting, the session explained basic contracting terms and clauses and how they can help manage project risk more effectively. The group explored negotiating strategies, how to proactively prepare for change orders, and ways to resolve conflicts positively. Tracking Positive Change in Washington During the Mid-Year’s Government Relations Panel, members discussed the impact of data centers on the natural gas market, efforts to speed permitting, improving state 811 laws, PHMSA reauthorization, pro-union Republicans in Congress, and the newly announced dates for APCA’s 2026 D.C. Fly-in: February 4-6. APCA Government Affairs representative Ben Brubeck told the audience that “D.C. is driving your profitability,” noting the Biden administration’s hostility toward the pipeline industry and adding, “But there’s a new sheriff in town with President Trump.” As he does at every APCA meeting, Greg Guidry, Ogletree Deakins, led an invaluable session on Recent Developments in Employment Law, discussing important changes in the White House and Congress as well as developments from the courts and federal agencies. His talk was “not as depressing as prior sessions” during the Biden administration, he said. “I finally have good things to talk about at the APCA meeting!” APCA members are already looking forward to the next APCA meeting, the Annual Convention, March 27-April 1 at the Hyatt Regency Coconut Point Resort and Spa in Bonita Springs, Fla. See you there! 7 Visit CrossCountryIS.com Or Call 1-855-955-CCIS (2247) Your trusted partner for Innovative Equipment and Quality Supplies. We are committed to excellent customer service and timely project delivery Your One-Stop Shop for Innovative Equipment Rentals and High Quality Construction Supplies Visit CrossCountryIS.com or call 1-855-955-CCIS (2247) Your One-Stop Shop for Innovative Pipeline Equipment and Supplies. We are Committed to Excellent Customer Service and Timely Project Delivery. Visit CrossCountryIS.com or call 1-855-955-CCIS (2247)

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 20 Images of Mid-Year 2025 Keynote speaker Ben Whiting wowed the Opening General Session audience with his magic tricks, which he wove into a narrative about communicating better, connecting with people, and creating a positive mindset.

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 21 Continuum Capital’s Mark Bridgers shared the results of his company’s Market Penetration Research, which showed merit-shop contractors capturing most of the natural gas pipeline construction work in terms of both mileage and workforce. APCA President Kevin LaBauve, WHC Energy Services, updates the membership on the association’s recent membership growth, energized government affairs efforts, educational offerings, and busy Safety Committee.

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 22 APCA Board member and Past President Ricky Dyess, M.G. Dyess, Inc., says grace before the Mid-Year’s Farewell Dinner. Labor attorney Greg Guidry, Ogletree Deakins, reports on developments in employment law from the White House, Congress, courts, and federal agencies that impact the businesses of APCA members. HELPS Consulting’s Andy Patron discusses negotiating strategies, how to proactively prepare for change orders, and ways to positively resolve conflicts during the leadership session.

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 23 APCA Government Affairs representative Ben Brubeck shares insights on the federal government shutdown, saying that this one might last longer than usual as both sides feel like they have an advantage.

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 24 Sean & Geana Renfro, Sunland Construction, chat with APCA Hall of Famer Ted Nichols, T&C Rentals. Enjoying a lovely evening are, from left, Andrea Nickel, Amber Nietsche, Nicole Hardy, and Anne Bruno. HELPS Consulting’s Andy Patron discusses negotiating strategies, how to proactively prepare for change orders, and ways to resolve conflicts in positive ways during the leadership session. Wilson & Morgan Long and Brian Tanner, EPIC Insurance Brokers and Consultants, catch up with Tanner Patterson, Strike (facing away) at the Welcome Reception. Blair Finstad, Ritchie Bros. Auctioneers, and Jared Ramsey, Enviro Services Rental, talk a little business on a beautiful Alabama evening. Tending to APCA business at the Board of Directors meeting are Ben Brubeck, Government Affairs Solutions; Tim Wagner, APCA; and Kevin LaBauve, WHC Energy Services. During its meeting at the Mid-Year, the APCA Board approved a new scholarship fund that will provide three scholarships each year for the children and grandchildren of APCA-member employees. APCA Board members Shannon Driver, Holloman Corporation, and Scott Thompson, Darby Equipment, with President Kevin LaBauve, WHC Energy Services.

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 25 Breakfasts at APCA meetings are an ideal time to meet new folks, talk a little pipeline business in a relaxed atmosphere, and fill up before a busy day, just ask Thad Bennett, HOLT CAT. Enjoying an early breakfast on the Mid-Year’s first full day are Past President Ricky Dyess, M.G. Dyess, Inc. (above right), Eddie Weatherford, CRC Evans Pipeline International (below left), and Board member Adam Nietsche, Pumpco, Inc. Those Crimson Tide boots fit in really well in point Clear, Alabama, Tenley Strickland!

PIPELINE CONTRACTORS JOURNAL | 4th Quarter 2025 26 Important lesson from Ben Whiting: “Culture doesn’t exist on posters, on websites. Culture is how your people feel Sunday night knowing they have to go to work the next day. How do they feel on their way to work. That’s where your culture works, in that feeling.” APCA members honor America during the “Star Spangled Banner.” Bottom right, Candace Nichols, T&C Rentals, seems impressed with the magic skills of Justin Culpepper, Jones Power. APCA Executive Director Tim Wagner introduces keynote speaker Ben Whiting at the Opening General Session. Left, above and below, APCA members enthusiastically participate in Ben Whiting’s magic show.

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