ST. CROIX — Waterfront Services and Supply Inc., a Puerto Rico-based company, has filed suit in Superior Court in the District of St. Thomas and St. John against local firm Marco Marine LLC, alleging breach of contract, misrepresentation, and wrongful retention of a $26,000 deposit for a canceled vessel charter.
Waterfront hired Marco Marine, which is owned by St. Croix businessman Shawn Baptiste, on October 11, 2023 to provide a supply vessel — the M/V Marco VI — for a salvage operation tied to client Donjon‑Smit LLC, according to the lawsuit filed July 16 by attorney Michael Sheesley.
The contract required the vessel to be fit for sea by noon on October 12, 2023 in St. Thomas. A purchase order outlining these terms was sent that same day and confirmed by both parties.
However, the Waterfront representatives who arrived in St. Thomas found the vessel was not prepared. Marco notified them that the vessel needed to travel to St. Croix and Tortola before arriving, inconsistent with the original agreement. Despite this setback, Waterfront wired a $26,000 deposit to preserve the relationship, with the understanding the vessel would proceed immediately after technical inspections.
On October 12, 2023, a third-party surveyor hired by Donjon‑Smit found the vessel’s fire/bilge pump unserviceable — rendering it unseaworthy under U.S. Coast Guard standards and in breach of contract. The client canceled the charter on October 13, 2023, at which point Waterfront promptly notified Marco. At the time, the vessel was traveling for other business, and no costs had yet been incurred on Waterfront’s behalf.
Waterfront claims breach of contract, alleging that Marco failed to provide a seaworthy vessel and has refused to return the deposit. It also alleges negligent misrepresentation, stating that Marco represented the M/V Marco VI as seaworthy, knowing Waterfront would rely on that claim — and that this was false. The plaintiff further claims unjust enrichment, alleging Marco benefited by taking and keeping money that it knew it had not earned. Finally, Waterfront alleges conversion, claiming Marco used funds that rightfully belonged to the plaintiff.
Waterfront is requesting the return of the deposit, damages (compensatory, special, consequential, and punitive), statutory interest, attorneys’ fees, and any further relief the court deems appropriate. The company has also demanded a jury trial.
The M/V Marco VI is a foreign-flagged vessel registered in Togo, West Africa. The U.S. Coast Guard detained the vessel on October 26, 2023 in port on St. Thomas due to a safety deficiency in violation of Marco’s policy banning alcoholic beverages from the company’s managed vessels after an inspection revealed a half-open bottle of rum, an empty bottle of bourbon, and two empty beer cans on the navigational bridge, according to a Coast Guard document.
The vessel’s master stated he was celebrating his daughter’s birthday the night before and acknowledged familiarity with the no-alcohol policy. A safety management audit was required before the ship could be released from detention.
As of January 6, the M/V Marco VI was listed on the Coast Guard’s website among the foreign vessels denied entry into U.S. ports.
“At this time, the vessel remains banned,” Ricardo Castrodad, a public affairs specialist for U.S. Coast Guard Sector San Juan, said, unable to provide additional details.
