Over my
brief career of eleven years, I have talked to numerous boat builders and
students, wanting to become marine surveyors. The most detrimental point, is the future likelihood of being taken to court.
block. My first reaction was fear, stomach cramps, and a complete loss of sleep. But the goal of this article is to explain how I worked through the process so others can deal with the process as well.
Basically, the owner was taking myself, the broker, and the brokerage company, to court for $30,000. Probably not a lot in the big scheme of things, but still not pleasant. His claim was that he had bought the boat from my survey, the engine had failed, the boat had flooded, and now there was structural damage. Initially he wanted full costs of the vessel, but changed for a lesser amount as he did not want to go to a higher court.
The first thing I did was contact my insurance company. To this day, I cannot fault in any way, their professionalism, and willingness to help. They immediately assigned two in-house lawyers to my case. This alone, proves that insurance premiums are well worth their value. It is good to have someone watching your back.
The two main arguments forwarded by myself were a), the vessel was sold
six months after I actually surveyed it and b), the vessels owner was not my original client, and had obtained my survey from the broker illegally.
So then began the home work. I went over my own survey with a fine-tooth comb, looking for any faults which could trip me up. I then managed to get all invoices and documentation for the vessel with repairs undertaken since the incident. I also found that during delivery, on a truck for 600 kilometres, the vessel had filled up with rain water. This because I tracked down the cartage contractor and interviewed him. Further investigation also found that the owner had been warned not to use the vessel until, the engine had been checked and serviced because of water immersion. He decided to ignore all advice and proceeded to use the vessel, and get in trouble.
I also researched his expert witness, his qualifications, which were minimal, his quoting process, and his personal friendship with the vessel owner. By researching his business, which was not registered, his home location, and his socio-economic situation, I felt I had covered all bases.
Obviously, the most important point to me, was the brokers use of my survey. Before the trial started, the brokerage company contacted myself, and asked if I would work with them against the vessel owner. As soon as I replied in the negative, all relationships and communications shut down.
By now several months had passed and I had gathered together substantial evidence. The unfortunate thing, when a surveyor first encounters this situation, a lot of sleepless nights are the result, and slowly the business starts to suffer. I was completely obsessed with the case day and night, and still feel sorry for friends and family who had to deal with my thoughts.
Finally, I had all of my documentation secure and went to the insurance company office. They had a court judge assess my findings, sign and signature all of my paper work, and rubber stamp the documents as ready for use. I then asked the court register to not be present at the trial, as the travel distance was too great, but to be at a phone conference. This was accepted.
The Report • June 2022 • Issue 100 | 47
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