Shipping Lawyer Maritime Liens and Ship Arrests 2

Question 1

What is a 'necessaries' lien under the Federal Maritime Lien Act?

Accepted Answer

A lien for goods and services furnished to a vessel to allow it to operate

Answer

Necessaries include repairs, supplies, towage, and other items furnished to a vessel by order of the owner or authorized person.

Question 2

Under US law, who is presumed to have authority to bind a vessel for necessaries?

Accepted Answer

The master, owner, or managing agent

Answer

The master, owner, owner's agent, or managing agent are presumed by statute to have authority to procure necessaries on the vessel's credit.

Question 3

What effect does a 'no-lien' clause in a charter party have on a supplier's maritime lien?

Accepted Answer

It can defeat the lien if the supplier had actual notice of the clause

Answer

If a supplier had actual notice of the no-lien clause in the charter, courts may find the lien was not created despite the FMLA presumption.

Question 4

How long does a claimant generally have to enforce a maritime lien for cargo damage under the Carriage of Goods by Sea Act?

Accepted Answer

One year from delivery

Answer

COGSA provides a one-year statute of limitations for cargo damage claims running from delivery of the goods.

Question 5

Which action suspends the COGSA one-year limitations period for cargo claims?

Accepted Answer

Filing a timely suit in federal court

Answer

Only filing a lawsuit in the appropriate court suspends the COGSA one-year period; notices and protests alone do not toll limitations.

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