Maritime Attorneys Chris Nolan and Robert Denig co-wrote an article for Law360
discussing a recent Supreme Court ruling that safe berth/safe port clauses commonly used in maritime contracts, or charter parties, must be construed as an express warrant of safety. This means that the charterer has an absolute duty to select a safe berth when negotiating a contract. The article analyzes the significance of the ruling for the maritime industry and offers points to consider when interpreting safe berth clauses.
Notably, Holland & Knight filed an amicus brief on behalf of two maritime industry associations in support of the absolute warrant of safety in the case.
READ: Justices' Citgo Ruling Offers Shippers Contractual Clarity