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United States · Ports, Coast Guard & ECP
When a US Coast Guard case lands, the costs keep running.
A vessel detention, a MARPOL investigation or an Environmental Compliance Plan can cost far more than the fine itself. We quantify, allocate and recover those costs, and defend the claims that follow, while your counsel handles the case.
In short
The fine is rarely the largest number.
When the US Coast Guard holds a ship, the bills start at once: off-hire and delay, crew kept ashore as witnesses, agency and port costs, replacement crew, and later the multi-year cost of an Environmental Compliance Plan.
Then comes the harder question: who should ultimately pay? The answer sits in the charter party, the ship management agreement, crewing contracts and insurance cover, and it is often contested. We act on both sides: for owners and cargo interests recovering what they have carried, and for managers, charterers, crewing agencies and forwarders facing a claim that is overstated or misdirected.
What we handle
US port and Coast Guard claims, on either side.
Coast Guard detentions & withheld clearance
Off-hire, delay and demurrage disputes after a Port State Control detention or a withheld departure clearance, and recovery of the losses from the party responsible.
Security agreement costs
Crew witness wages, accommodation, per diems and repatriation, plus surety, port and agency costs while a vessel or crew is held. Documented, allocated and recovered.
Environmental Compliance Plan (ECP) costs
Third-party auditor, court-appointed monitor, training, equipment and fleet-wide compliance costs: who should bear them between owners, managers and charterers.
Allocating fines & losses
Claims between owners, ship managers, crewing agencies and insurers over penalties, legal costs and consequential losses after a USCG or MARPOL case.
US port demurrage & detention
Carrier and terminal container D&D invoices checked against your contract and the Federal Maritime Commission billing rules, with negotiated reductions.
Cargo & pass-through costs
Delay, storage and re-routing costs for cargo interests and forwarders when a vessel is held, and surcharges passed down the chain after a carrier’s USCG or ECP case.
Clear roles
We handle the money. Your counsel handles the case.
US Coast Guard and MARPOL matters can carry regulatory and criminal exposure. Those aspects belong with specialist US counsel. Our role is what it cost, who should pay, and getting it paid.
US maritime counsel: the case
Investigations, security agreement terms, plea and ECP negotiations, court proceedings and regulatory compliance.
P&I club and insurers: the cover
What the policy responds to, any discretionary cover, and the club’s own recovery rights.
Atlas Claims: the commercial claim
Cost schedules, evidence files, contractual allocation, negotiation with counterparties and documented settlements.
How we work
From cost schedule to settlement.
- 01
Review
We look at the facts, the charter party, management and crewing agreements, and the costs incurred so far, and flag any deadlines.
- 02
Quantify
A full cost schedule: detention, crew, surety, agency and ECP costs, each with its evidence.
- 03
Allocate
We set out who should bear each cost under the contracts, and present the claim, or the answer to it.
- 04
Negotiate
We negotiate to a documented settlement, with escalation only on your approval.
Key terms
Plain-English guide.
The terms that come up most often in US port and Coast Guard matters. See also our full glossary.
Environmental Compliance Plan (ECP)
A compliance programme a shipping company is typically required to adopt as a condition of probation after a US MARPOL or pollution case. It commonly involves an independent third-party auditor, a court-appointed monitor, crew training and fleet-wide audits over several years, all at the company’s cost.
Security agreement
An agreement, usually backed by a surety bond, under which the Coast Guard allows a held vessel to sail. Owners commonly undertake to keep certain crew members in the US as witnesses and to pay their wages and living costs.
Withheld departure clearance
Where US authorities refuse or revoke a vessel’s clearance to leave port while a suspected violation is investigated, holding the ship until security is provided.
MARPOL and APPS
MARPOL is the international convention on pollution from ships. In the US it is implemented through the Act to Prevent Pollution from Ships (APPS); typical cases involve oily waste record-keeping and discharges.
Port State Control detention
A Coast Guard inspection finds serious deficiencies, so the vessel may not sail until they are put right. Detentions often lead to off-hire and delay disputes.
Demurrage and detention (D&D)
Charges for keeping containers inside a terminal (demurrage) or outside it (detention) beyond free time. US billing practices are subject to Federal Maritime Commission rules.
FAQ
Common questions.
General information only. Every matter turns on its contracts and facts.
Can you represent us in a US Coast Guard or Department of Justice investigation?
No. Regulatory and criminal matters are handled by independent US maritime counsel. We handle the commercial and financial side: quantifying, allocating and recovering the costs and losses, working alongside your counsel and P&I club.
Who pays the costs of an Environmental Compliance Plan?
The company on probation is ordinarily responsible to the court. Between owners, managers, charterers and crewing agencies, though, the commercial allocation depends on the management agreement, the charter party, the facts of the incident and insurance cover. We review those documents and build the recovery case.
Our vessel is detained right now. What should we send you?
A short summary, the charter party and ship management agreement if available, and any correspondence on costs. Call or WhatsApp us at any hour on +44 7429 535705.
Is there a time limit to bring these claims?
Yes. Contractual notice provisions, charter party and management agreement time bars, and limitation periods can all apply. Contact us early so deadlines can be identified and protected.
We are a forwarder disputing a US demurrage and detention invoice. Can you help?
Yes. We review the invoice against your contract and the applicable billing requirements, and negotiate a reduction or withdrawal where the charges are not properly due.
How are your fees structured?
Success-linked, fixed fee or monthly retainer. The first review is free and without obligation, and terms are agreed in writing before any work begins. Any third-party costs need your prior written approval.
Free case review
A vessel held, or costs to recover?
Send us a short summary, the contracts and the costs so far. The first review is free and confidential. For a live detention, call or WhatsApp us at any hour.