Three. Thoughts and Lessons.
This case was one of the most stressful times in my life. In my 25 years as a boatbuilder, I had never had any comebacks, clients not pay, or any negative feedback. At the time, although new to surveying, I never had a single, negative feedback. To have people lie, condescend, mock, abuse, and try to humiliate myself, certainly came as a shock. Maybe I was too trusting of people, but I came away have learnt plenty.
ONE. Easy to say now. Do Not Stress. Life goes on. After a total of nine months, countless sleepless nights, after many hours of preparation, I paid the equivalent of two surveys to the vessel owner. Take a breath, and start researching. Most important, are you in the wrong? Sometimes a quick pay-out will prevent a lot of wasted time.
TWO. Do not survey vessels for a living unless you are qualified to do so. Belong to a reputable institute such as the IIMS, who will help in your time of need. If a boatbuilder coming into the profession, make sure you are qualified and time served as well. Nothing can beat education and qualifications. You have to know what you are talking about.
THREE. Mentors. Talk to mentors and other surveyors. They have been through this as well. All advice is good advice. Stay away from negative people, and glean as much information as you can. I ended up getting a good reference from a fellow surveyor which was read during the dispute. Did it help? No harm was done. I also reached out to several good clients and brokers that I knew well. Not only did they offer legal help, but I knew they had my back.
FOUR. As a surveyor you should have insurance regardless. Make sure you pay your premiums on time, develop a relationship with your insurers, and promote clients their way. Because I paid out the vessel owner, I never needed a payment by my insurance company. In fact, the payment
was less than my excess fees. They honoured my company, and did not charge a single cent for their services. This is despite the fact, they spent countless hours on my case.
FIVE. Preparation. I spent countless hours researching the vessel, make, model, builder, and previous faults. I knew everything about the brokers and vessel owner. Their jobs, home locations, previous employment, even what cars they drove. I researched previous cases and facts, and knew the whole case word for word. Admittedly, the attention to detail was possible too much, but I did not want to lose due to poor research and not being prepared.
SIX. The best move was participating by conference call. I arrived early, had food and drinks to hand, and was well rested. The best point though, was being able to spread all of the paper work on the large desk and having everything to hand. Several times I was at an advantage as I waited for other parties to wade through their documents. This gave time to relax and think.
SEVEN. Roll with it. After five hours of deliberation, I had to make the call as to pay out or not. I could have refused, hoping at the next proceedings, my documents would actually be looked at. I chose to pay. The amount of time invested, stress, and worry, I felt, was not justifiable. Even though you have the evidence, the argument, in your favour, you are not going to win against an arbitrator
who favours someone who’s relationship is in trouble. All said and done, emotions came in to play. Whilst the brokers swore and cursed, at the vessel owner and myself, I made sure I was always professional, polite, and courteous. I would have liked to have send many things, but bit my tongue.
Since the case, the brokers involved have tried to disrupt my business, talked behind my back, and have been vindictive in many ways. A lot, I learnt from other parties. The marine scene is small. As said before, “loose lips sink ships”.
But, instead of a negative result, the whole case turned my business around. I improved my report methods, surveying techniques, and relationships with clients. My feelings in the New Zealand marine industry about intellectual property rights is well known and respected. The brokerage involved, prior to the case, supplied forty percent of my annual work. Now they supply two percent of my work per annum, yet my company surveys over two hundred vessels per year.
As a surveyor, I learnt to always back myself, be proficient, keep learning, and work with the upmost integrity. Marine surveying is possibly one of the better professions for someone with an interest in nautical matters. Being taken to court is a downside. However, approached properly, this actually became the positive turning point of my business.
The Report • June 2022 • Issue 100 | 49
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