BP Makes Claims: Follow the Pattern
BP Claims against Partners
BP asserted claims against Cameron, Halliburton and Transocean in the limitation of liability action,” the report said. “BP’s claims against Transocean include breach of contract, unseaworthiness of the Deepwater Horizon vessel, negligence (or gross negligence and/or gross fault as may be established at trial based upon the evidence) … as well as a declaratory claim that Transocean is wholly or partly at fault for the Incident and responsible for its proportionate share of the costs and damages.”
The report said, “BP’s claims against Cameron assert that Cameron is liable under maritime law for providing a blowout preventer that was unreasonably dangerous in design based on certain design defects, that Cameron was negligent with respect to certain maintenance and repair that it conducted on the Deepwater Horizon BOP …”
A blowout preventer is a giant valve designed to prevent sudden eruptions of pressure.
BP Claims against Haliburton
Moreover, the report said, “BP asserted claims against Halliburton for fraud and fraudulent concealment based on Halliburton’s misrepresentations to BP concerning, among other things, the stability testing on the foamed cement used at the Mississippi Canyon Block 252 well; for negligence (or, if established by the evidence at trial, gross negligence) based on Halliburton’s performance of its professional services, including cementing and mud logging services; and for contribution and subrogation for amounts that BP has paid in responding to the incident and oil spill, as well. …”
Also on April 20, the report said, BP filed a complaint in federal court in Houston against Halliburton alleging “the same counts as BP’s claim against Halliburton in Transocean’s limitation of liability action.”
Halliburton, Cameron and Transocean all filed countersuits.
How Does this effect the BP Claims Process
If you look at how this is playing out between BP and it`s partners, you can see a pattern forming. Everybody is pointing the finger at someone else. It only makes sense that when it comes to BP paying on the claims it is going to point the finger at every other factor it possibly can.
BP is going to utilize every piece of leverage it can, to pay the most minimal amount possible to claimants. BP will point out the lingering effects from Katrina, the slumping economy, and now the great flood of 2011. If they hold true to form , BP will try to make the BP claims process muddier then the Mississippi.