Legal Question in Admiralty Law in Virginia
Maritime Lien
I delivered a yacht from the US to Europe and have yet to be paid final payment. Owner says he will pay partial, but will withhold around $4,000 for repairs. Items needing repairs are normal wear and tear, and contract provides that all damage is client's risk. Should I sue for breach of contract, or should I sue for Maritime Lien? Can I do both? If Maritime Lien, in US Federal Court, or in Europe where boat currently sits?
3 Answers from Attorneys
Re: Maritime Lien
All delivery captains should consider an escrow arrangement for payment, as you cannot arrest a vessel which is no longer in this jurisdiction to impose a maritime lien in federal court. The Supplemental Admiralty Rules provide for attachment of certain other security held by the owwner in this jurisdiction, but you may avoided the issue of repairs by insuring the risk or adding you as an additional insured under the vessel policy. www.BoatLawyer.com TM
Re: Maritime Lien
All delivery captains should consider an escrow arrangement for payment, as you cannot arrest a vessel which is no longer in this jurisdiction to impose a maritime lien in federal court. The Supplemental Admiralty Rules provide for attachment of certain other security held by the owwner in this jurisdiction, but you may avoided the issue of repairs by insuring the risk or adding you as an additional insured under the vessel policy. www.BoatLawyer.com TM
Re: Maritime Lien
You can sue in US federal court on the contract, but not for a lien unless the vessel is or will be here, as the court needs to seize possession of the vessel. If the party with whom you contracted has assets in the US, and you are here, a simple suit on the contract may be easiest and most effective.
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