摘要: |
A recent case from the Fifth Circuit Court of Appeals highlights a few important points about maritime liens. Ship operators are familiar with the basic concept. Liens are essentially claims that arise against a vessel when someone provides it with goods or services. This dates to the age of sail. In the case at hand, Epic Companies was decommissioning oil platforms on the Gulf of Mexico. As general contractor, Epic hired the heavy-lift vessel Nor Goliath to load large components of oil platforms onto barges. Tugs from various companies moved the barges ashore. An inland scrapyard dismantled the oil rigs. Unfortunately, Epic went bankrupt. The tug companies sued, asserting liens against Nor Goliath under the Commercial Instruments and Maritime Liens Act (CIMLA). They argued that they were entitled to liens because their services amounted to "necessaries." |