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The Claims Review is a series of case studies which either have been paid by the Club or where assistance has been rendered in. You will find these invaluable in helping to identify potential claims exposure.
Latest Issue, The Claims Review - Issue 36, April 2017
It was the weekend and a member of a tanker broker’s operations staff was not on duty. A message was received on their phone, which was linked to their individual email address.
A South American port agent acted for a ship that discharged a bulk cargo at his port. There was a cargo shortage in an amount that exceeded the customs allowance, which meant that there would be customs duty and possibly a fine to pay.
In 2007, an offshore consultant performed a site assessment for a jackup crane barge. The site was known to have some inherent difficulties for jack-up operations due to the underlying layer of soft clay which could potentially lead to a “punch-through” of the one of the jack-up’s legs.
Ship broker fixed a vessel for an initial period of 3 months with subsequent optional periods of 3 months. The optional periods were declarable 30 days prior to expiry of the preceding period.
A Scandinavian port agent was asked by the owners of a ship to provide a proforma disbursement account for a call at their port.
A commercial manager fixed a ship that had been under his management for several years for a project voyage to Finland.
A pool manager misdescribed a tanker as being acceptable to a specific oil major, even though he had received an email from the head owners prior to fixing that stated she had been rejected by them. This email was overlooked by the pool manager when the tanker was fixed for a spot voyage to load ULSD (ultra low sulphur diesel).
A ferry operating in North America was due to be towed to a shipyard to undergo a refit. A marine surveyor was engaged by the shipyard to undertake a “fit for tow” survey and provide a certificate of approval confirming that the towage arrangements as between the tug and the ferry were satisfactory. The marine surveyor completed his survey and issued the certificate of approval.
A Canadian naval architect contracted to provide design advice for the modification to a refrigeration system in the refrigeration-compressor room of a fishing vessel.
A naval architect was appointed to design a barge, that was intended to be used as a floating restaurant. There were stability issues stemming from the fact that the architect had failed to take into account the weight of the vessel’s mooring system and access footbridge, and this led to a visible list.
Everyone makes mistakes...
Could your business deal with a claim for negligence?