Commercial Litigation

This federal commercial dispute involved a breakdown in a specialized underwater cable repair project governed by the Subsea Cable Repair Agreement. Subsea Marine Services, Inc. claimed it fulfilled its repair obligations, while SMITCOMS failed to pay for the work performed. Subsea argued it mobilized specialized vessels, crew, and equipment, yet SMITCOMS withheld payment despite receiving the benefit. SMITCOMS countered that Subsea failed to perform according to contractual standards and raised several affirmative defenses, including nonperformance, estoppel, waiver, and unclean hands. After reviewing technical evidence and contract terms, the jury returned a unanimous verdict on November 3, 2025, finding that SMITCOMS breached the agreement. The jury awarded Subsea $286,250.00 in contract damages and $3,900.00 for unjust enrichment, rejecting every defense raised. The jury also found Subsea did not breach the contract, resulting in zero recovery on SMITCOMS’s counterclaim.