In offshore operations, whether a contract is deemed “maritime” has major consequences. The classification determines the application of either federal maritime law or state law, along with its oilfield or construction anti-indemnity statutes for states such as Texas or Louisiana. The difference often decides whether the defense, indemnity, and insurance-related obligations in the contract survive

In maritime law, the “Act of God” defense – also known as force majeure – was once a reliable shield for operators facing liability after a natural disaster. If a storm, hurricane, or earthquake caused damage that no human skill could have prevented, the party could, in theory, escape legal responsibility. But in practice –