Corporate partners (sponsored content) YACHTS, KNOTS AND LEGAL SHOTS
Robert Hodge, director and general manager of ITIC, addresses the often-thorny topic of design errors on yachts
I
n my previous article for The Naval Architect May 2025, I explored the legal intricacies of intellectual
property and how they intersect with the work of naval architects. This time, I turn to a more immediate and tangible concern: negligence. While intellectual property disputes often unfold in the abstract realm of ownership and rights, negligence claims strike at the very core of professional responsibilities: designing vessels that are not only beautiful but safe, functional and compliant.
ITIC insures naval architects working across the full spectrum of vessel types, from passenger ships and bulk carriers to tankers and offshore support vessels. However, this article focuses aesthetics, performance and customisation introduces unique risks and legal exposures. These real-world cases, defended or paid by ITIC, are not merely cautionary tales; they offer practical insights into risk management, documentation and professional accountability.
The swan-necked exhaust This, one of the more complex and instructive cases, involved a naval architect commissioned to design a series of motor yachts for a yard. As part of the contract, the naval architect was required points of the yacht on an ‘as built’ basis. This drawing was never delivered.
Subsequently, one of the yachts suffered water ingress through the engine inlet during heavy yard alleged that they were unaware the water inlet point and claimed that, had they known, they would have used stronger materials. They submitted a claim of €180,000 against the naval architect for engine damage costs.
ITIC defended the naval architect,
pointing out that the yard’s own 3D
inlet pipe, a design feature that only made sense if the yard understood the inlet’s vulnerability. Moreover, the naval architect was not responsible for the material used, which was found to be weak and non-compliant with class regulations.
Despite having a strong defence, ITIC acknowledged that the naval architect had breached the design contract by failing to provide the required drawing. This introduced litigation risk. A settlement of €55,000 was proposed and accepted, covering unrecoverable costs and mitigating further exposure. This case underscores a critical lesson: even when the technical fault lies elsewhere, contractual obligations, especially those related to documentation, can expose naval architects to liability.
Cracked keels Another case involved a yacht whose keel developed cracks shortly after delivery. The naval architect had miscalculated the structural loads, leading to a design that could not withstand operational stresses. The owner initiated a claim, and the dispute escalated into a lengthy legal battle.
The naval architect’s defence centred on the argument that the calculations were based on data provided by the client and that the design met the revealed that the structural integrity had been compromised due to errors in load distribution and material selection.
The legal costs mounted, and although the case was eventually resolved, it highlighted the high stakes involved in even seemingly minor miscalculations. In yacht design, precision is paramount and the margin for error is slim. This case serves as a reminder that naval architects must not only rely on client data but also verify it independently and document their assumptions thoroughly.
The importance of rule clarity In another instance, a yacht experienced motor failures shortly after launch. The owner blamed the naval architect, alleging that the design had contributed to the malfunction. However, ITIC’s investigation revealed that the architect had no involvement in the selection or installation of the motor systems.
The claim was dismissed, but not before the
Robert Hodge, ITIC: “Even the best designs can become liabilities if not backed by rigorous documentation”
30 THE NAVAL ARCHITECT
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