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NEWS INTELLIGENCE ARCHIVE
03 AUG 2026 MONDAY
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Members are advised to take note that the Association has seen a recent increase in damage claims being brought against entered vessels for alleged damage to berth sides, in particular fenders at the berth. From experience the Association has found that these claims can be both expensive as well as difficult to effectively handle. Often the first notice of something amiss is when the port issues a claim demand or other type of protest to the local agent and/or the master alleging that damage was caused. It can then be quite difficult to ascertain whether or not the subject vessel in fact caused the alleged damage or, as has been noted in some cases, the damage was either pre-existing and/or a combination of poor maintenance of the particular berth in question. In some cases it was, later, possible to track records held by the local port, agents and/or correspondents, that assisted in defending the initial damage claim. In many places, however, such records may be incomplete or non-existent. Even where they do exist, there will be initial delay and cost in attending to the matter and possibly the necessity to provide security before the vessel is allowed to depart. Local legal regimes are also likely to favour the port and absent proof of non-fault by the vessel, it is likely that there may be strict liability for the subsequent claim which could include the full costs of replacing (not just repairing) the damage structure. Reasons why damage can occur include failure to carefully control the vessel during the process of coming on to or coming off the berth excessive speeds, including too much power being applied by assisting tugs inadequate mooring arrangements effect of wind, waves, tides, currents and swells passage of other traffic near the berth interaction between berth fixed fenders and hull structure, in particular the presence of permanent steel fenders on some types of vessel Precautions Members and masters should find out in advance from local agents the c
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pi_circular Skuld ·2013-01-31

Berth and fender damage claims

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