A commercial manager was held responsible by their principal for failing to arrange a pre-departure survey in respect of fouling of the hull.
The ship had an extended stay at a port in a warm water area and as result there was a requirement to check for marine growth.
The owner alleged that the manager had not made the proper arrangements in a timely manner, having been made aware of the ship’s departure date, which subsequently caused a delay to the ship. As a result of the delay a claim was made against the owner for off-hire costs by the charterer.
In turn, the owner held the commercial manager responsible. ITIC obtained expert advice on the liabilities of a commercial manager in such circumstances and it was confirmed that the manager did have a responsibility to arrange the survey.
The claim was therefore settled in full for the sum of US$ 185,800 which ITIC reimbursed to the commercial manager.