X-Press Pearl, a container ship operated by Singapore based X-Press Feeders caught fire near Colombo Port in May 2021
Nilantha Ilangamuwa, Unsplash

Emergency response to a hurricane or other maritime disaster cannot be an afterthought. Effective response requires deliberate planning before an incident occurs, followed by coordinated, strategic action afterward. For individuals and businesses alike, piecing things back together after a marine casualty can be complex, time-sensitive, and resource-intensive.

For those in the maritime and offshore industries, proactive preparation is critical. Companies should develop and maintain a comprehensive emergency response plan that:

  • Identifies key personnel and external contacts, along with clearly defined roles and responsibilities 
  • Establishes communication protocols across internal teams and critical third parties 
  • Inventories key documents, contracts, and insurance coverage 
  • Identifies response resources, equipment, and contingency plans 
  • Sets priorities and decision-making authority during an incident 
  • Includes regular training and scenario planning to ensure readiness 

Having this framework in place allows organizations to respond more effectively—and defensibly—when an incident occurs.

Once an event happens, execution becomes paramount. Organizations should immediately activate their emergency response plan and focus on:

  • Coordinating internal and external notifications, including government authorities and insurers 
  • Conducting an initial assessment of personnel, property, and environmental impacts
  • Preserving critical documents and evidence 
  • Managing response, cleanup, and operational continuity efforts 
  • Positioning the organization for recovery, claims, and future risk mitigation 

In addition to these operational considerations, there are several important legal and risk management factors to keep in mind. Some key best practices include:

  • Conduct a Thorough Post-Incident Investigation: A thorough investigation is crucial for understanding potential causes, liability issues, and arguments; addressing inquiries from governmental agencies; and pursuing rights and remedies afforded under contracts and the law. A thorough investigation helps identify whether other parties may be responsible for the incident or damage caused.
  • Preserve and Document Damage: Documenting and preserving evidence of damage is critical. With respect to on-site investigation, it is important to fully secure the scene of an incident possible without interfering with response activities, personnel safety, and potential damage to the vessel or equipment. Surveyors and experts can assist in analyzing damages, as well as the technical aspects of an investigation.
  • Maintain Appropriate Interface with Government Agencies: Almost every major maritime disaster involves interactions with and investigations by government authorities. Parties should take a proactive approach when engaging federal and state agencies regarding the methods and extent of response actions during investigations. Parties should also be mindful of any reporting requirements related to incidents.
  • Be Mindful of Deadlines: In the event you will eventually file a claim or have to defend against a claim, certain deadlines to file pleadings may apply. For example, if you are considering filing a limitation of liability action in federal court, you will want to be mindful of the unique six-month deadline associated with that proceeding. If you are seeking to file a property damage or insurance claim, the time frame may differ depending on the specific type of such claim that is being filed.
  • Timely Notify Underwriters: Timely reporting and notification to an underwriter of an incident is vital in the event you will eventually file a claim or have to defend against a claim. Underwriters can also assist with certain aspects of an incident response, such as retaining surveyors or coordinating spill responses.

An effective response does not end when the immediate crisis subsides. Organizations should evaluate lessons learned, adjust their emergency response plans accordingly, and implement measures to reduce the risk of recurrence. Thinking about emergency response after the fact is too late. Preparedness and execution must go hand in hand.

construction

Wildfires are no longer a remote, seasonal risk. The State of Wildfires 2024–2025 report discusses how changes in climate are increasing the frequency and intensity of extreme wildfires globally, while the 2024–2025 season brought severe events from South America and Canada to Southern California. 

In July 2026, France and Spain evacuated more than 300,000 people; Canada’s 2023 fires burned more than 15 million hectares; Southern California’s January 2025 Eaton and Palisades fires caused 150,000 evacuations and an estimated $140 billion in damage; and Hawaii’s Lahaina Fire destroyed more than 2,000 structures. 

Evolving Standards to Manage the Risks of Wildfires 

For property owners, contractors, and risk managers, the practical lesson is that resilience starts before the first spark. Many homes are destroyed by wind-borne embers rather than direct flame contact, so the building envelope matters: Class A or noncombustible roofs, debris-resistant noncombustible gutters, ember- and flame-resistant vents, enclosed soffits and eaves, ignition-resistant siding such as fiber cement, stucco, masonry, or brick veneer, and dual-pane tempered or fire-rated glazing. For commercial and multifamily buildings, the same principles scale into exterior wall assemblies, protected openings, fire-rated doors, and carefully detailed roof-wall-deck interfaces. 

Materials alone are not enough. Defensible space — specially a noncombustible 0-to-5-foot “Zone 0” around the structure — helps keep vegetation, fences, stored materials, and other fuels from becoming a fuse. Code development is moving in the same direction: the International Wildland-Urban Interface Code supplements the International Building Code for WUI buildings, while the Insurance Industry Institute for Business and Home Safety has proposed a model ordinance for baseline, enhanced, and optimum tiers that addresses ember defense, vents, walls, windows, roofs, and defensible space. The US Department of Energy has published design guidelines for wildfire resistance.  

Reducing Vulnerability Through Smarter Design and Construction

Newer construction tools can make these measures more reliable. Building Information Modeling can serve as a shared source of project information and support constructability, simulation, planning, clash detection, and virtual construction coordination. Modular and prefabricated construction can shift work into controlled factory settings, supporting shorter schedules, cost effectiveness, and quality control when envelope details are properly coordinated. 

The goal is not to make buildings “fireproof,” but to buy time: fewer ignition pathways, slower fire spread, safer evacuation, and a better chance that a structure is still standing when the fire front passes. 

I work in a software company designed and structured an app for field staff. That day we made a tour of our flow and could not miss a shot of our work :)
Alvaro Reyes, Unsplash

Natural disasters such as hurricanes, floods, and wildfires can strike with little warning, bringing business operations to a halt and deeply affecting the lives of employees. In recent years, we’ve seen how quickly a crisis can disrupt not just infrastructure but also the human fabric of a workplace. For employers, the stakes are high: protecting people, maintaining productivity, and ensuring legal compliance — all while navigating uncertainty.

To minimize disruption and support recovery, businesses must proactively develop and communicate clear disaster response strategies. This includes crisis management protocols, employee communication plans, and recovery frameworks that prioritize both operational continuity and employee well-being. A well-prepared organization can respond swiftly, reduce confusion, and help employees return to work safely and confidently — even in the face of personal loss.

Continue Reading Ready, Set, Recover: Building a Crisis-Ready Workplace
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Kelvin Zyteng, Unsplash

In Florida and other hurricane-prone areas of the Gulf Coast and Southeast, hurricane preparation is part of the job. For construction projects, the risks are immediate and costly: Unfinished structures, unsecured materials, and critical-path equipment can be destroyed in hours. Every year, contractors and owners learn — often the hard way — that planning for a storm in the middle of one is too late. The time to build resilience is before the first tropical storm forms.

For projects under construction, risk management starts in the contract. The agreement should do more than recite a standard force majeure clause. It should clearly allocate responsibilities for securing the site before a storm and for resuming work after. Those obligations should be detailed, measurable, and realistic for the type of work being performed.

Continue Reading Building Resilience into Construction Contracts Before Hurricane Season
Open for Biz | Instagram: @timmossholder
Tim Mossholder, Unsplash

Preparing for a natural disaster is crucial for all businesses, but a small business may face unique challenges such as document loss, remote work, and recovery.

Preventing Document Loss

From tax documents to employee records, keeping documents from being lost is an important step in preparing for a natural disaster. The IRS provides helpful guidelines on how a small business can prepare for a disaster, including keeping a disaster loss workbook (Publication 584-B) that a business can use to inventory its business equipment. Further, having important tax documents such as federal 941s, 940s, 944s and W-2s and state sales tax returns in an electronic database that is backed up regularly can prevent these documents from being lost in a disaster. The same goes for payroll and employee documents — keeping an electronic copy of them (e.g., pay information, employee emergency contacts, pay period information) will provide security in times of a disaster. For any documents that are kept in physical form, it is important to ensure that they are kept secure in a locked filing cabinet in a locked room, both in times of a disaster and in the regular course of business. While certain physical files may be necessary, it is advisable that all employee-related files and information be backed up and saved on some secure electronic platform that can be accessed after a natural disaster, even if you maintain those physical files in your office.

Continue Reading How Small Businesses Can Prepare and Recover from a Natural Disaster
Double exposure of Hurricane Ida approaching New Orleans on August 29, 2021.
Brian McGowan, Unsplash

As hurricanes pose increasing threats to Louisiana’s industrial infrastructure, it is essential for industry managers and executives to understand the Louisiana Department of Environmental Quality’s (LDEQ) emergency declaration process. These declarations are not merely procedural — they carry significant operational, regulatory, and environmental implications for Louisiana industry.

LDEQ may issue an emergency declaration in anticipation of, or immediately following, a major weather event such as a hurricane. This action is typically coordinated with the Governor’s Office of Homeland Security & Emergency Preparedness and other state and federal agencies. The declaration is based on expected or actual disruptions that could affect facility operations, public safety, environmental protection, and access to resources.

Continue Reading Storm Ready, Rule Steady: What To Know About LDEQ’s Emergency Declarations in the Face of Hurricane Season
Every spring the Mississippi River floods, but the downtown area of Davenport Iowa refuses to build a levee system to hold the waters back. It would block the river view. Some years the waters come several blocks up the banks and flood out local businesses.
Kelly Sikkema, Unsplash

The devastating floods that struck Texas in July provide an example of how emergency management and intergovernmental coordination operate under extreme conditions. As torrential rainfall triggered catastrophic flooding across multiple counties beginning on July 2, the response highlighted disaster response systems at the county, state, and federal levels.

The emergency response began at the state level with proactive measures, marked by warnings to state emergency response teams to be prepared. On July 2, the Texas Division of Emergency Management (TDEM) activated state emergency response resources in anticipation of increased flooding threats in parts of West and Central Texas. As conditions worsened, TDEM escalated its response on July 3, increasing the readiness level of the Texas State Emergency Operations Center to Level II (escalated response) and activating additional state emergency response resources as portions of West and Central Texas prepared for continued heavy rainfall and potential flash flooding.

Continue Reading Texas Floods Emergency Response: A Review of Intergovernmental Emergency Coordination

The 2025 hurricane season is projected to be more active than prior years’ seasons. Hence, it is important that companies operating facilities that could be impacted ensure that they have proper disaster preparedness plans in place. While proper disaster preparedness plans will help reduce potential harm caused during a storm, proper contract provisions can help reduce liability to a company both before and after a storm. Most companies’ commercial contracts contain force majeure clauses that are intended to provide protection to facilities impacted by natural disasters, such as hurricanes. However, such clauses are generally not construed broadly. Contracts should include clear and direct provisions that excuse lack of performance due to pre-storm shutdown procedures for companies pursuant to internal disaster preparedness plans. Further, contracts should address post-storm concerns arising from slow facility startup and reduced production rates during the restart process to ensure companies are not at risk of breaching production obligations under a contract.

Continue Reading An Ounce of Prevention: Draft Contracts with Pre and Post-Storm Considerations
hurricane-season

The 2025 Atlantic hurricane season began on June 1, and the TSR (Tropical Storm Risk) forecast is for 8 hurricanes, of which 4 may be intense, and 16 tropical storms. This season is forecasted to exceed the statistical norms. 

In weathering these storms, many businesses will face property damage, often accompanied by loss of income. Most commercial property policies incorporate business interruption coverage and extra expense insurance. The complexity of a business interruption claim, however, combined with the disruption of cash flow to pay continuing expenses creates a difficult scenario for business owners in these situations.

In general, lost profits and extra expenses may be covered if they are caused by physical damage to covered property and other covered conditions such as damage to a “dependent business” or an evacuation order, among others. Your insurance policy will define the parameters of coverage, and limit coverage for certain losses, such as for power loss occurring outside the covered property.

Continue Reading How to Build a Strong Business Interruption Claim: A Practical Guide
X-Press Pearl, a container ship operated by Singapore based X-Press Feeders caught fire near Colombo Port in May 2021
Nilantha Ilangamuwa, Unsplash

In the high-stakes world of maritime operations, preparation isn’t optional—it’s critical. From hurricanes and oil spills to onboard fires and equipment failures, emergencies can strike without warning. The consequences of being unprepared—financial, legal, operational, and reputational—can be devastating.

Jones Walker maritime practice attorneys Luis Llamas and Buddy Bardenwerper authored the Marine Log article “Boom! A Systematic Approach to Maritime Risks” published on March 19, 2025. The article provides maritime professionals with guidance on how to develop simple and effective emergency response plans by organizing them hierarchically (for operators and for managers) and temporally (left of boom, at boom, and right of boom). It’s a practical, insightful guide for operators, managers, and anyone responsible for keeping maritime operations safe and resilient.