FEDERALCourt of Appeals for the Fifth Circuit
2012

Cutting Underwater Technologies USA, Inc. v. Eni U.S. Operating Co.

671 F.3d 512Court of Appeals for the Fifth Circuit • Decided 2012Enforced
FLAGSHIPLien RightsLien WaiverCited 238 times

HOLDING

Cutting Underwater Technologies sued Eni for payment on work removing an offshore oil production platform after the well was depleted. The Fifth Circuit Court of Appeals upheld a ruling that this removal work qualifies as an 'operation' under Louisiana's Oil Well Lien Act. This decision means subcontractors who perform decommissioning and removal work on oil platforms can file liens against the operator's property to secure payment, just like they can for drilling and production work.

KEY FINDINGS

Lien Rights

Platform removal and decommissioning work is protected by Louisiana's Oil Well Lien Act—you can file a lien if the operator doesn't pay

Lien Waiver

The lien right applies even after a well stops producing, as long as the work is part of well operations

FULL COURT OPINION