摘要: |
With the recent boost in federal infrastructure spending on ports and waterways, an increase in dredging work is expected. Historically, contracts with the Army Corps of Engineers are brought in the U.S. Court of Federal Claims, which hears disputes arising from federal contracts. After over 150 years of the Court of Federal Claims exercising jurisdiction over government dredging contract disputes, the U.S. Court of Appeals for the First Circuit analyzed whether such contracts actually fall within a federal district court's admiralty jurisdiction. Finding that dredging a navigable waterway protects and facilitates maritime commerce, in J- Way Southern v. U.S. Army Corps of Engineers, the First Circuit held that a federal district court has jurisdiction over federal dredging contract disputes. This decision provides an avenue for dredging contractors to choose a federal court that is potentially more convenient or favorable for disputes with the Corps of Engineers. |