GENERAL AVERAGE CONTRIBUTION CLAIM

IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

[________________________________],
Plaintiff,

v. Civil Action No. [________________]
IN ADMIRALTY

[________________________________],
Defendant.

COMPLAINT FOR GENERAL AVERAGE CONTRIBUTION

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, brings this action for general average contribution and alleges as follows:

I. NATURE OF THE ACTION

1. This is an admiralty and maritime action for general average contribution arising from a general average act and sacrifice occurring on or about [__/__/____].

2. Plaintiff invokes the admiralty and maritime jurisdiction of this Court and designates this as an admiralty case pursuant to Rule 9(h) of the Federal Rules of Civil Procedure.

II. PARTIES

3. Plaintiff [________________________________] is a [☐ corporation] [☐ limited liability company] [☐ partnership] [☐ individual] organized under the laws of [________________________________], with its principal place of business at [________________________________].

4. Plaintiff is the [☐ vessel owner] [☐ cargo owner] [☐ charterer] [☐ subrogated insurer] who has suffered a general average loss and/or paid general average contributions.

5. Defendant [________________________________] is a [☐ corporation] [☐ limited liability company] [☐ partnership] [☐ individual] organized under the laws of [________________________________], with its principal place of business at [________________________________].

6. Defendant is the [☐ cargo owner] [☐ vessel owner] [☐ charterer] [☐ other: ________________] who is liable for general average contribution.

III. JURISDICTION AND VENUE

7. This Court has original jurisdiction pursuant to 28 U.S.C. § 1333(1), which grants federal district courts original jurisdiction over admiralty and maritime cases.

8. The claim for general average contribution is a maritime cause of action within the admiralty jurisdiction of the federal courts.

9. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because [________________________________].

IV. THE VOYAGE

10. On or about [__/__/____], the vessel M/V [________________________________], Official Number [________________] (the "Vessel"), departed from [________________________________] (port of loading) bound for [________________________________] (port of discharge).

11. At the time of sailing, the Vessel was loaded with cargo including:

12. The total value of the cargo at the commencement of the voyage was approximately $[________________].

13. The value of the Vessel at the commencement of the voyage was approximately $[________________].

14. The amount of freight at risk was approximately $[________________].

V. THE GENERAL AVERAGE ACT

15. On or about [__/__/____], at approximately [____] hours, while the Vessel was at or near [________________________________], the following peril occurred:

☐ a. Fire aboard the vessel

☐ b. Severe storm/heavy weather

☐ c. Grounding

☐ d. Collision

☐ e. Mechanical failure

☐ f. Piracy

☐ g. [________________________________]

16. The circumstances of the peril are described as follows:

[________________________________]
[________________________________]
[________________________________]

17. In response to this peril and for the common safety of the vessel, cargo, and freight, the following intentional and reasonable sacrifice and/or extraordinary expenditure was made:

☐ a. Jettison of Cargo: The following cargo was jettisoned:

[________________________________]
Value: $[________________]

☐ b. Damage to Vessel: The vessel sustained intentional damage to:

[________________________________]
Value of damage: $[________________]

☐ c. Salvage: Salvage services were engaged:

[________________________________]
Salvage cost: $[________________]

☐ d. Port of Refuge: The vessel put into [________________________________] (port of refuge):

Expenses incurred: $[________________]

☐ e. Other Extraordinary Expenditure:

[________________________________]
Amount: $[________________]

18. The sacrifice and/or expenditure was:

a. Intentional: Made deliberately by the master or crew;

b. Reasonable: A reasonable response to the peril;

c. For the Common Safety: Made to preserve the ship, cargo, and freight from a common peril; and

d. Successful: The vessel and remaining cargo were saved.

VI. DECLARATION OF GENERAL AVERAGE

19. On [__/__/____], a declaration of general average was made by [________________________________].

20. The declaration of general average was communicated to all interested parties on [__/__/____].

21. A copy of the general average declaration is attached hereto as Exhibit A.

VII. GENERAL AVERAGE ADJUSTMENT

22. An average adjuster, [________________________________], was appointed to prepare the general average adjustment.

23. The adjustment was prepared in accordance with [☐ York-Antwerp Rules 2016] [☐ York-Antwerp Rules 1994] [☐ York-Antwerp Rules 2004] [☐ as specified in the bill of lading/charter party].

24. The general average adjustment was completed on [__/__/____].

25. A copy of the general average adjustment is attached hereto as Exhibit B.

VIII. CONTRIBUTING VALUES AND CONTRIBUTIONS

26. The contributing values as determined by the average adjuster are:

27. The general average allowances (sacrifices and expenditures) are:

28. The contributions due from each interest are:

IX. DEFENDANT'S CONTRIBUTION

29. Defendant's cargo contributed to the common maritime adventure and benefited from the general average sacrifice/expenditure.

30. Defendant's cargo had a contributory value of $[________________].

31. Defendant's proportionate share of the general average contribution is $[________________].

32. Demand was made upon Defendant for payment of the general average contribution on [__/__/____].

33. Defendant has [☐ failed to pay] [☐ refused to pay] [☐ disputed] the general average contribution.

X. PLAINTIFF'S CLAIM

34. Plaintiff [☐ made the general average sacrifice] [☐ incurred the general average expenditure] [☐ has paid contributions on behalf of Defendant] [☐ is subrogated to the rights of ________________].

35. Plaintiff is entitled to recover from Defendant the sum of $[________________] as Defendant's proportionate share of the general average.

XI. GENERAL AVERAGE BOND AND SECURITY

36. [If applicable] At the time of discharge, Defendant was required to post security for its general average contribution.

37. [If bond posted] Defendant posted a general average bond in the amount of $[________________], which is held by [________________________________].

38. [If no bond posted] Defendant failed to post required security, and Plaintiff exercised its possessory lien over the cargo until [________________________________].

XII. CLAIM NOT BARRED BY FAULT

39. Under Rule D of the York-Antwerp Rules, general average contribution rights exist irrespective of any fault that may have caused the peril, subject to recovery rights against the party at fault.

40. In the alternative, the peril that necessitated the general average act was not caused by any fault or breach of contract on the part of Plaintiff.

XIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Accept jurisdiction over this admiralty and maritime claim;

B. Enter judgment in favor of Plaintiff and against Defendant;

C. Award Plaintiff the sum of $[________________] as Defendant's general average contribution;

D. Award Plaintiff pre-judgment and post-judgment interest at the rate of [____]% per annum;

E. Order the release of any general average security/bond to satisfy the judgment;

F. Award Plaintiff costs of suit; and

G. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney for Plaintiff
Bar No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

VERIFICATION

I, [________________________________], being duly sworn, state that I am [☐ the Plaintiff] [☐ an authorized representative of Plaintiff] in this action, that I have read the foregoing Complaint, and that the facts stated therein are true to the best of my knowledge, information, and belief.

______________________________________
[Signature]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public

EXHIBIT LIST

• Exhibit A: Declaration of General Average
• Exhibit B: General Average Adjustment
• Exhibit C: Bill of Lading/Contract of Carriage
• Exhibit D: General Average Bond/Guarantee
• Exhibit E: Demand Letter
• Exhibit F: [________________________________]

GENERAL AVERAGE BOND (Sample Form)

GENERAL AVERAGE BOND

TO: [________________________________] (Vessel Owner/Carrier)

IN CONSIDERATION of delivery of the cargo described below without requiring payment of a cash deposit as security for General Average contributions, the undersigned agrees:

1. To pay the proper proportion of any General Average and/or Salvage charges which may hereafter be ascertained to be due from the cargo.

2. To furnish particulars of the value of the cargo when required.

3. To provide supporting documents as may be reasonably required by the Average Adjusters.

CARGO DESCRIPTION:
Bill of Lading No.: [________________]
Description: [________________________________]
Voyage: [________________________________] to [________________________________]
Vessel: M/V [________________________________]
Invoice Value: $[________________]
Estimated Contribution: $[________________]

Dated: [__/__/____]

______________________________________
[Cargo Owner/Consignee]
By: [________________________________]
Title: [________________________________]

PRACTICE NOTES

Elements of General Average (York-Antwerp Rules, Rule A):
1. There must be a common maritime adventure
2. There must be a peril to the adventure
3. There must be an intentional sacrifice or expenditure
4. The sacrifice must be reasonably made
5. The sacrifice must be for the common safety
6. The sacrifice must be successful

Applicable Rules:
- Most bills of lading and charter parties incorporate the York-Antwerp Rules
- Check the contract of carriage for the applicable version (1994, 2004, or 2016)

Time to Adjust:
General average adjustments can take months or years to complete.

SOURCES AND REFERENCES

• York-Antwerp Rules 2016: https://comitemaritime.org/wp-content/uploads/2018/06/2016-York-Antwerp-Rules-with-Rule-XVII-correction.pdf
• CMI Guidelines on General Average: https://comitemaritime.org/wp-content/uploads/2023/01/CMI-GA-Guidelines-1.pdf
• General Average Overview: https://en.wikipedia.org/wiki/General_average