Maritime Law & Government Contracts
Troutman Sanders’ Maritime Law and Government Contracts Practice Group attorneys advise the Firm’s clients on all aspects of U.S. and international maritime law. Group attorneys represent clients across the full spectrum of marine matters before state and federal United States courts, in domestic and foreign arbitration, before the United States Congress and a variety of federal regulatory agencies.
Who we are. We focus on solving problems. We have a record of winning cases at trial and motions, however, we also recognize that brokering a quick settlement is often the best course. We have extensive experience with the full range of marine insurance coverage and defense issues under cargo, hull and machinery, P&I, all-risk yacht, and pollution liability policies. The following summary shows the breadth of our practice and experience.
Our attorneys provide assistance with the full range of maritime legal matters, including:
Environmental compliance and claims (to include oil spill and marine sanctuary cases). Our experience involves advising and representing carriers, vessel operators, and individual crewmembers in complying with federal pollution law, in responding to major spill cases, in both the civil and criminal aspects of Port State Control investigations and the National Marine Sanctuaries Act, and in responding to allegations of “magic pipe” violations under the Act to Prevent Pollution from Ships. Our expertise extends to civil penalty and criminal defense work associated with the full spectrum of marine pollution investigations and prosecution including defense of OPA 90 claims asserted by the National Pollution Funds Center.
Terminal owner and operator representation. Our attorneys are experienced in virtually every aspect of marine terminal operations, to include negotiating stevedore contracts, handling labor and/or government disputes, cargo loss and handling issues, riparian rights issues, and tariffs. Group attorneys have considerable experience in handling cargo disputes at the pier, and in providing prompt and economical resolution of conflicts.
Vessel charters. Our attorneys routinely review and draft charter parties, and we have litigated cases involving allocation of responsibility under Clause 8 of the NYPE Time Charter, disputes concerning breach of speed warranty, deviation, calculation of laytime, and proper clausing of bills of lading for bulk cargoes subject to letters of credit. We have also negotiated and drafted a wide range of charters for bulk and other cargoes.
Maritime personal injury and death. We have substantial experience in navigating the seemingly arbitrary and complex array of remedies and liability standards applicable to maritime wrongful death cases, from the availability of nonpecuniary damages to the scope of state law remedies in such cases. As for nonfatal maritime personal injuries, we have handled virtually every kind of injury imaginable, whether they are presented under the Jones Act, as unseaworthiness claims, as claims arising under state common law, or those falling under the General Maritime Law.
Collision and allision cases. Our attorneys have decades of experience in handling vessel allision and collision cases involving every manner of watercraft from jet-skis to ocean-going cargo vessels. That expertise covers the full range of issues, whether it be the presumptions of fault in collision cases, damage calculation, mutual fault allocation of damages, Rules of the Road violations, the Act of God defense, and more. Among the cases we have handled are those involving the sudden mechanical failure defense in a vessel/bridge allision case, the presumption of fault against a pier when the Corps of Engineers permit did not show crane boom overhang, the government’s liability for fault in a mutual fault collision, the liability of compulsory pilots, injuries to swimmers around a vessel, damage to shoreside property interests, and many other issues.
Renewable Energy. Several of our Maritime Law attorneys are members of Troutman Sanders’ Renewable Energy Practice Team, which advises traditional and offshore wind clients at every stage, from investment and tax structuring to development, construction and operation. Our maritime attorneys provide the team with experience in all aspects of offshore development, to include vessel, cargo, and facility documentation, operation, regulation, insurance, casualty response, and marine environmental concerns.
Marine insurance coverage. We have extensive experience in providing coverage advice to both assureds and assurers on the full range of marine insurance coverage. Our experience is especially well developed in the relation to recreational marine and yacht insurance coverage issues.
Cargo claims. We provide advice on claims involving damage, loss, misdelivery or delayed delivery of cargo. We have drafted bills of lading, handled a wide range of cargo claims arising out of common carriage, and negotiated solutions to problems arising out of carrier demurrage claims and the insolvency of NVOCCs.
Maritime government contracts. We regularly advise vessel owners, shipyards, and ship repair and service entities on matters related to public ship building and ship repair contracts, marine contractors on government contract negotiations and claims, and dredgers on matters related to public contract formation and differing site conditions claims.
Maritime finance. Group attorneys regularly represent clients in maritime financial transactions, including foreign and domestic vessel purchase and sale agreements, perfecting and enforcing vessel and cargo liens, obtaining proper documentation for newly acquired vessels, releasing vessels from documentation, the vessel re-flagging process, fleet transactions, and the full spectrum of ship mortgage, vessel bankruptcy, and vessel creditor issues. We have also advised a number of financial institutions involved in substantial deals secured by maritime assets or in transactions involving financing of the purchase of assets to be transported by barges or ships for delivery both inside and outside the United States. Additionally, we have advised clients regarding liability for local property or sales taxes applicable to yachts and commercial vessels, on employment taxes pertaining to mariners, and on harbor maintenance fees.
Commercial fishing and fishery matters. Our attorneys (who include former Coast Guard officers with years of experience in enforcing federal fishing law) have a wealth of experience in advising and representing commercial fishing interests on how to stay on the right side of state and federal law regulating their industry and operations.
Licensure, documentation, and registration. We have considerable experience in assisting vessel owners in navigating the often confusing array of documentation and registration laws and regulations. Additionally, our attorneys have routinely represented licensed mariners in protecting their marine credentials from the threat of suspension, revocation, or other governmental sanction.
Riparian rights. While falling somewhat outside the traditional realm of admiralty law, our attorneys have extensive experience in addressing riparian right disputes for waterfront property owners, shoreside tenants, and users of bottom rights and resources.
Stevedore and marine contractor negligence claims. We have won summary judgment for a vessel owner for Ryan indemnity against a stevedore where the stevedore followed a vessel’s obviously defective stowage plan, handled boom collapse cases, bulkhead failure cases, and the unique problems of determining seaman status of employees of “amphibious” enterprises, such as marine construction companies involved in substantial work both on land and water.
Admiralty jurisdiction and preemption (Uniformity). Our lawyers have given advice and handled litigation involving the scope of admiralty jurisdiction for purposes of choice of law and also to evaluate whether the maritime uniformity principle displaces the authority of a state to regulate maritime activities. The matters we have addressed include state efforts to regulate stevedoring companies and terminal operations, application of state environmental regulations, the applicability of state law in shipyard asbestos exposure cases, and the interplay between state common law claims and federal maritime statutory law and the General Maritime Law.
As the foregoing suggests, our group of highly regarded attorneys works across a number of disciplines to provide full service to a wide variety of companies involved in waterfront or maritime trades. Our goal is to provide more than just technically sound legal knowledge—rather, we are committed to providing each of our clients the best advice born of sound judgment and extensive experience in (and a thorough understanding of) the contemporary marine industry. To accomplish this goal, we have assembled a team of uniquely experienced maritime lawyers who have, for many years, represented vessel owners, P&I Clubs, domestic marine insurance companies, hull and machinery underwriters, terminals, stevedoring companies, waterfront contractors, towing companies, and cargo carriers and shippers. This experience has had a nationwide footprint ― from a Marine Sanctuaries case in California, to an oil spill in Savannah, to a twist lock design case in Charleston, to a fatal barge explosion case in Chicago. Our Group includes a former federal law clerk, former U.S. Coast Guard officers ― one of whom served as the Coast Guard’s liaison to Congress for the drafting and enactment of the Oil Pollution Act, and another who served as a marine inspector for oceangoing ships and on offshore oil rigs. Lawyers in our Group have been recognized as leaders in the fields of admiralty law and government contracts, including inclusion in Virginia Business Magazine’s “Legal Elite”, Best Lawyers in America, and “Super Lawyers” in the fields of maritime law and government contracts. Additionally, three of our Group’s lawyers serve as adjunct professors, teaching courses in admiralty, at the Marshall-Wythe School of Law at the College of William and Mary.
The Maritime Law and Government Contracts Practice Group regularly advises contractors and government agencies on the full spectrum of local, state, and federal public contracts issues. Members of the Practice Group assist clients in preparing bid and contract documents, defending successful procurements from challenges by unsuccessful vendors, and--when necessary--prosecuting and defending bid protests. Troutman Sanders also understands the public contracting process from the governmental perspective, as a number of the attorneys working in this Group have previously served in a variety of government agencies, gaining a hands-on appreciation for the many complexities associated with public procurement and contracting matters. Our Group also assists companies in resolving contract performance disputes, both at the prime contractor to government level and the prime contractor to subcontractor level. Dispute resolution services include preparing claims, negotiating contract modifications, engaging in alternative dispute resolutions procedures and, where necessary, litigating claims in the Boards of Contracts Appeals, in federal court, and in arbitration proceedings. We also regularly help companies with their Small and Disadvantaged Business program compliance. At the same time, we help large businesses maximize the benefits of these same programs and achieve their own compliance. We also help small businesses achieve certification in the 8(a), HubZone, SDVO and other similar programs. Finally, we regularly provide training, auditing and advice on export control, standards of conduct, data rights, and other similar compliance requirements.