Fifth Circuit: Valero Marketing & Supply Co. v. M/V Almi Sun, IMO

Subcontractor cannot assert lien against vessel, as the vessel did not control the selection or the performance of the subcontractor, and under the statute, a lien only arises against a counterparty to a contract for necessities, or a subcontractor whose selection or performance was controlled by the vessel.

Dissent: There was implicit approval of the selection of the subcontractor.  Disputed question of whether this creates a circuit split.

http://www.ca5.uscourts.gov/opinions/pub/16/16-30194-CV0.pdf