A foul up
A commercial manager was held responsible by owners for failing to arrange a pre-departure survey for the fouling of the hull. The ship had had an extended stay at a port and that created a requirement to check for marine growth.
The owner alleged that the manager, having been made aware of the ship’s departure time had not made the arrangements in a timely manner. This subsequently caused a delay to the ship departing and as a result, the charterers brought a claim against the owner for off-hire costs under the terms of the C/P.
Expert evidence on the liabilities of a commercial manager in such circumstances was obtained which confirmed that the manager did have a responsibility for arranging the survey.
As a result the owner’s claim was settled in full for US$ 185,800. This was reimbursed to the manager less their deductible.