Dredge Vessel Exception Interpreted

Tuesday, July 13, 2004
The U.S. Court of Appeals for the Federal Circuit ruled that a U.S.-documented non-hopper dredge vessel chartered by a company in which Stuyvesant Dredging Company (SDC) has an interest may be used to perform work under a dredging contract with the U.S. Army Corps of Engineers. In the instant case, a rival dredge company filed a bid protest after the contract was awarded to a company in which SDC has an ownership interest. The protestor asserted that the SDC statutory exception only applied with regard to non-hopper dredges in existence on the date the statutory exception was enacted and may only be utilized in support of hopper dredges. The court held that the applicable statutory exception contained only three restrictions, all of which were met in this case: (1) the non-hopper dredge must be documented as a vessel of the United States; (2) the non-hopper dredge must be chartered to SDC or to an entity in which it has an ownership interest; and (3) the non-hopper dredge must be chartered to fulfill dredging obligations under a specific contract. The appellate court remanded the case with instructions to enter summary judgment in favor of the SDC interests. Norfolk Dredging Co., Inc. v. United States, No. 04-5040 (Fed. Cir.) (HK Law)
Maritime Reporter February 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Cosco Boxship Detained Over Illegal Arms

Colombian authorities detained a vessel operated by China's largest shipping group for illegally transporting thousands of cannon shells, about 100 tonnes of gunpowder

Kvichak, Vigor Announce Merger

Merger positions combined company to play a dominant role in recapitalization of North Pacific fishing fleet and emerging Arctic oil gas operations. Kvichak

'Governments Must Act to Save Thousands of Migrants'

The humanitarian crisis in the Mediterranean Sea is spiralling out of control. EU Member States must act urgently to prevent the loss of thousands more lives,

Coatings & Corrosion

Editorial: Gettin’ Crabby with Deadliest Catch

As February is our traditional cruise shipping edition, naturally we’ve selected a fishing boat and two crabs for the cover. But as many of you may already know,

Tall Ship Docked for Repairs

The largest brig to be built in the U.K. in a century sailed into in a Greenock dry dock yesterday for general maintenance and essential winter repairs.   The

 
 
Maritime Careers / Shipboard Positions Maritime Standards Naval Architecture Offshore Oil Pipelines Pod Propulsion Salvage Ship Repair Ship Simulators Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1048 sec (10 req/sec)