Construction Defects in Shipyards: El Rol del Perito

1. The Context: When the “New Yacht” is Not So New

The construction of a super yacht or commercial vessel is one of the most complex industrial operations that exist. It involves hundreds of suppliers, thousands of plans and delivery times from 24 to 48 months. Despite the quality controls of the classified companies (Lloyd’s Register, DNV, RINA), the reality is that no ship leaves the perfect shipyard.

The statistics of our litigation department indicate that 35% of the superyachts of more than 30 meters present serious defects that require formal claims to the shipyard within the first 24 months post-delivery. The difference between an owner who assumes these costs and one who claims them successfully lies in the quality of expert evidence.

2. Frequent Defect Types in New Construction

In our forensic practice, we classify the defects of new construction into three critical categories, each with its own claim strategy:

2.1. Structural and Helmet Defects

They’re the most serious and expensive. They are usually caused by errors in welding procedures, use of non-conforming materials or failures in structural design. Typical examples include microfissures in high-voltage welds, sheet thicknesses lower than those specified in the contract, or faults in corrosion protection (painting systems or poorly installed anodes).

2.2. Mechanical and Systems Defects (MEPs)

They affect propulsion, power generation, HVAC (climatization) and hydraulic systems. They are especially common when the shipyard subtracts the integration of systems to third parties without proper supervision. A failure to align the shaft line or a poorly calibrated energy management (PMS) system can leave the inoperable vessel.

2.3. Esthetic and Finishing Defects (Joinery & Finishing)

Although they look smaller, in the luxury segment (where a yacht costs 50M€+) the finishes are a fundamental part of the asset value. Badly stationed woods that are deformed, illumination systems with intermittent faults, or interior carpentry with unacceptable holgures. These defects are the main cause of the endless “snag lists” that delay delivery.

3. The Process of Claim to the Shipyard

A successful claim requires impeccable documentation. The independent expert acts as the owner’s technical arm in three critical stages:

3.1. The “Snag List” (Defect List) Pre-Shipping

During sea tests (Sea Trials) and delivery inspection, the owner’s expert must generate an exhaustive list of defects. This list should be technical, photographic and geolocalized. Shipyards will try to minimize the list; the expert must ensure that each item is recognized by the shipyard and the ranker’s surveyor before signing the Delivery Protocol.

3.2. Formal Notification of Defects (Warranty Claims)

If a serious defect appears after delivery, the owner must notify the shipyard in writing within the contractual periods (usually 30 days after discovery). The expert writes the technical report accompanying this notification, detailing the root cause, the evidence and the estimated cost of repair.

3.3. Negotiation vs. Arbitration

Ninety per cent of disputes are resolved by negotiating free repairs or shipyard credits. However, when the shipyard refuses or enters insolvency, the case scales to arbitration (usually in London under LMAA rules or in Paris under ITC). Here, the expert report becomes the queen test.

4. The Rol of the Independent Perito in these Deputies

Prop Trust Verified’s expert is not a simple inspector. He’s a forensic expert who reconstructs the history of the defect. Our methodology includes:

• Documentary review: Analysis of the “as-built” planes, material certificates, classifier reports and welding records (WPS/PQR).
• Forensic inspection: Use of non-destructive testing (ENDs) such as ultrasounds, penetrating fluids or industrial endoscopes to prove that the defect is of origin rather than maintenance.
• Damage quantification: Development of repair budgets based on current market prices, including utility costs, crane and loss of use (thes of hire) if applicable.

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