CORPORATE PARTNERS
This case illustrates the importance of clearly communications. Naval architects must ensure that their scope of work is explicitly stated and that any third-party components or systems are clearly excluded from their liability.
The cost of ambiguity A particularly costly example involved a naval architect accused of failing to comply with a design agreement, resulting in a claim exceeding US$500,000. The dispute centred on whether the architect had exercised due care in their contractual expectations.
ITIC’s defence focused on the naval architect’s adherence to industry standards and the limitations of the original brief. However, the lack of clarity in the contract and the absence of documented design decisions made the
“...even when the technical fault lies elsewhere, contractual obligations, especially those related to documentation, can expose naval architects to liability”
reputational risks of ambiguous agreements and undocumented assumptions.
These claims provide guidance for avoiding negligence claims:
communications, detailed records are your best defence.
2. Verify client data: never assume that client- provided information is accurate. Conduct independent assessments.
in contracts and avoid scope creep.
4. Communicate risks: warn clients about potential design limitations or trade-offs in writing.
5. Insure wisely: professional indemnity insurance is not just a safety net, it’s a strategic asset.
As naval architects, you are trained to balance form and function, innovation and regulation. But you must also balance creativity with caution. The claims discussed here show that even the best designs can become liabilities if not backed by rigorous documentation and clear communication. ■
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2M 8 6 4
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