The 5 Golden Rules for Marine Surveyors

I am often asked 'what do you actually do' ... and without sounding too pompous, i have managed to answer this concisely. ... 'Anything that is to do with the movement of goods, that in some stage has involved ships, or the indeed ships themselves,' ....this, i think is a far better response that ' have you got 8 hours to spare?'

There are different types of marine surveyors, often this may be as a result of background - not all marine surveyors have had a marine (or senior marine) background..... there is nothing wrong with these guys and gals, and some have specialized in specific aspects of the trade, and become extremely competent, and in cases of some surveyors i know, more accomplished than those with a marine background in their own specialization.

As an ex Seafarer with considerable background as a Master in both break bulk and dry bulk, and a surveyor coming up to 25 years as a surveyor alone, I can say I have seen a lot of changes in our industry.....and unlike many industries, have not seen any evidence of dumbing down, indeed, I have seen the complete reverse of this, indeed, the industry - certainly within Australia, has improved, and a large proportion of surveyors, from the old guard to the 'newbies'....and all those in between, are in most cases a credit to the industry. And whilst the industry is self regulated, the activity of the Australian Institute of Marine Surveyors (AIMS) have been extremely proactive in not only maintaining, but also improving standards and skillsets.

So these are some guidelines, speedhumps, and mantraps (womantraps - is that new word I have just invented...as well??) Especially for those that are newer in the industry than I am - (around 98%)

So the 5 GOLDEN RULES

1- Fully Understand Who you are Working For. This maybe a simple statement - but let's dig a little deeper. You may be engaged by party A, who in fact are representing Party B (or C) - so are you working for Party A, B or C ? No doubt, if there is an issue, of which Party A are responsible, then effectively you are possibly prejudicing Party B or C . It's a tough situation.

ANSWER : Good communication with your own principal ,,,ie Party A - of course if this happen at 2 a.m. the day after a public holiday...well it gets tougher,

2- Understand fully the extent of your appointment - and do not undertake anything that you have have not been appointed to do.

This again, on the face of it, appears to be simple. It is not. In most cases, the surveyor will have a fully clear brief of the service that is to be provided. I say 'in most cases' - there are also cases where the principal is not actually sure of what they want, often this may come from cargo interests that do not have a great knowledge of what happens at the coal face.

ANSWER

In this case, with time, and patience, it is good to explain in detail to the customer what, with as much detail as possible, what may else maybe needed, and set this out clearly. I often use the term 'optional service' which does not lock the customer in. Again, refer to item 1 - above, know for whom you are working.

3- Be Aware of Possible Litigation

Whilst 99%+ of disputes between parties, whether they be Owners, time charterers, voyage charterers, shippers, receivers, traders...etc are resolved without litigation, there are those few that do end up in either court or arbitration.

It is very true, that the saying 'when you walk into court, the truth leaves the building' .. and this is just as applicable in shipping. I do not know of many marine surveyors that have been in this position, but i have, and believe me it is brutal.

ANSWER

Should you be in a 'developing situation', your note taking is essential. Your communications are also essential, as these become 'evidence' for or against. In such case, well in all cases actually, ensure that any communications are not only completely traceable - ie email as opposed to 'APPS' and also factual, without personal opinion.

4. Never use 'Reply All'

This sounds simple, but i have seen 50+ people in an ever growing chain of communications. If there is a dispute between any of the many parties involved, the surveyor, who let's face it, maybe providing evidence, can easily prejudice their principals.

Indeed there are some smart young things out their that troll through emails that have been sent on a reply all...and work out relationships between parties, to actually try to gain commercial advantage, to the disadvantage of the principal.

ANSWER - Think before you click.

5- Understand Perceived Conflict of Interest

While it is not uncommon for Marine Surveyors is any capacity, to represent more than one party, and on the provision that there is no conflict of interest, the surveyor must also be aware of the 'perceived' conflict of interest. This is a difficult and vague matter. Effectively if a third party believes that by your representing two other parties, but they also have an interest, they may well feel disadvantaged by this, then irrespective of the situation, that third party may challenge your representing the first two parties,

This is different to 'Actual Conflict of Interest' - which is easier to determine. Whilst i have stated before, a marine surveyor may represent more than one party, should a conflict, or perceived conflict of interest arise, then there is an obligation to advise both parties of the situation, This can often be resolved by the surveyor reporting the facts without prejudicing either party, and if necessary withdrawing from one side or the other.

ANSWER - be Honest and don't try to eat both ends of the Lamb's Leg

So Guys and Gals in marine survey industry - there are some guidelines, if you ever get stuck in a situation, feel free to message me or email direct on [email protected]

We are the coal face, the problem solvers