Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Andrew Stakelum and Marcella Burke Andrew Stakelum and Marcella Burke, King & Spalding.

The U.S. Court of Appeals for the Fifth Circuit recently held that its two-question Doiron test for determining whether oilfield services contracts are maritime contracts also applies when evaluating the maritime-contract status of contracts for any other type of services, in Barrios v. Centaur, 942 F.3d 670 (5th Cir. 2019). This decision is important for any company working in the Gulf of Mexico because it simplifies the maritime-contract classification process for their undertakings. Because Doiron is no longer read to be limited to oilfield service contracts, entities such as offshore construction and decommissioning companies, whose service contracts could not always be neatly characterized as “facilitat[ing] the drilling and production of oil and gas,” should have an easier time qualifying their contracts as maritime contracts. It should also enable contracting parties to better assess their maritime or non-maritime status when entering into a service contract because the tests are relatively clear and are not reliant on after-the-fact tort considerations. This clarity is especially important for any type of company working in the Gulf of Mexico, where the maritime or non-maritime status of a contract could determine the governing law. Notably, a non-maritime contract governing services in the Gulf could be subject to Louisiana and Texas’ construction and oilfield anti-indemnity statutes, which could make the contract’s key risk allocation provisions unenforceable.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.