Expert Advice for Ship Performance

Expert Advice for Ship Performance

The law related to performance claims is not easy, as many technical issues are involved. Whilst, at first, it may seem easy to claim that a vessel has under performed there are a wealth of factors which must be taken into consideration in order to do so. Often expert advice must be used in order to justify or defend such a claim. This can be a very expensive exercise.

However, by recognizing the potential pitfalls and hazards a performance clause can be formulated and agreed by the owners and charterers which will remove much of the uncertainty from the subject and leave the potential for dispute at a minimum.

As a postscript it may be helpful to consider the following dispute that arose some years ago. At the end of a time charter a number of issues were outstanding including a relatively modest performance claim.