Test rained off
Hull and water damage became apparent on a boat, which the owner alleged should have been noted during a survey but had been missed by the surveyor. The claim total was US$ 33,000 and court documentation was issued.
A lawyer was instructed to defend the surveyor. It was discovered that the surveyor had not performed a moisture meter testing due to circumstances at the time of the survey (it had been raining and the boat had just been pulled out of the water). Instead, percussion soundings were performed and no water damage was discovered.
Therefore the question of the surveyor’s liability rested on whether the surveyor had been negligent in failing to warn the claimant that he had not used a moisture meter, due to the circumstances described above.
The surveyor had a limit of liability in their terms and conditions of ten times their fee (this totalled US$ 8,450). This was proposed as a settlement and the claimant agreed.