Regardless of whether you are an Underwriter, a Private or Corporate entity or a Marine Surveyor, at some time you may be party to a potential liability claim in tort or contract. Although the duty is the same in both contract and tort, there is a legal difference when it comes to the question of a breach of those duties. There may be differences in damages where a claim is framed in contract, rather than in negligence. The most significant difference is that, under contract, the Surveyor owes the duty only to his client and under tort he owes a duty of care to a range of interested parties. It may therefore be that a Marine Surveyor, who knows his report may be seen and relied upon by a third party, would have a liability to that third party if they suffered financial loss.

As a member of the YDSA committee since 2016 and Principal of the YDSA report assessment panel, with over a decade of survey report assessment experience, Jayson Sibley may be able to assist with a potential dispute, in order to mitigate legal costs.

As Loss Adjusters & Marine Surveyors for over 25 years we have a clear understanding of the importance in providing unbiased opinions based upon facts and industry surveying standards. A yacht survey is similar to any purchase in life, in that you get what you pay for. Perhaps you have paid for a survey and do not know what to expect or whether all aspects of the survey have been covered in accordance with industry standards. Perhaps you are an Underwriter relying upon a Surveyor’s report and a loss has occurred.

The services of a Marine Surveyor are not only required when purchasing a vessel; however, also with regards to insuring the vessel, maintenance, defects and recommendations. A Surveyor’s report can form the basis of the vessel purchase agreement. When a Surveyor has failed to identify a defect in a yacht, or has provided negligent advice regarding identified defects, a client or interested party relying upon the findings may find themselves with serious financial implications.

Parties who are of the view that they may have suffered financial loss or other loss as a result of a Marine Surveyor Who is alleged to have been negligent, should first make a complaint through the Surveyor’s own complaints handling procedure (CHP).

Assessing damages in cases of Surveyor’s negligence can be complicated, depending upon the alleged negligence or a case for Surveyor’s negligence may rely on whether a buyer would have proceeded with a yacht purchase had an issue been identified in a survey.

JS Adjusters are available to assist upon a case by case basis (subject to conflict checks) to provide an expert opinion or to provide expert services to Part 35, as per Solicitor’s Instructions. We aim to provide a pragmatic approach and may assist in arbitration between the parties case depending.