A surveyor will help the client understand the condition of the vessel enabling him to decide whether it is the right purchase for him. This will depend on many factors including whether he is looking for a ‘project’ or something in a suitable condition in which to take his family sailing immediately. The surveyor may find issues that the seller is unaware of.
The surveyor will provide a detailed report of the condition of the vessel, but this will generally not include things like the soft furnishings or cosmetic items that do not affect the structural integrity of the boat. The report is provided as an independent assessment of the condition of the vessel for the client's information. It is not a 'bargaining tool', although clearly a serious defect can raised in consideration of an alteration of price or for the works to be done prior to purchase.
The surveyor may identify faults that the boat owner will not be aware of, possibly using specialist equipment. Knowledge of faults and deterioration can assist the purchaser regarding rectification of defects or appropriate allowances.
The full condition report will give brief details identifying the craft - name, type of construction, year of build, registration number if applicable - and will outline the extent and limitations of the inspection. This is followed by a full description of the inspection carried out and any defects found, together with graded recommendations identifying when action is needed – this may, for instance, be immediately for safety reasons, at winterisation, or cosmetic.
To insure and/or secure finance on a boat you have purchased you should be able to use the pre-purchase survey. If you decide not to have a pre-purchase survey you may still need an insurance survey, so it is generally worth having a survey done to cover all eventualities.
There may be times when a boat owner or buyer does not need the surveyor to carry out a full survey, only a part of the boat, such as machinery, electrical or ancillary equipment. This is called a limited scope survey.
This may be after a boat has been repaired and the owner wants to check on the quality of the repair work or the hull may need to be checked over for specific defects, such as deterioration through osmosis or following a grounding incident where damage is suspected.
You may require a Limited Scope Survey to follow up on a pre-purchase survey, where the surveyor had identified a problem with a particular system or area such as the engines or the electrics, and a closer investigation is required by a specialist. Many YDSA surveyors have specialist skills and knowledge in different areas and it will usually be possible to find a surveyor to meet your specific needs or to advise of a specialist contractor.
It is very important for the client to understand the limitations of the inspection. It may not be adequate to support an application for insurance and additional survey work may be required.
A keen buyer who has researched the market thoroughly may think they have the most up-to-date knowledge of likely value of a particular vessel type. However, a professional surveyor has access to more accurate information regarding the actual sale price rather than advertised price. This will be via specialist websites and a network of other surveyor and broker colleagues, as well as an understanding of the condition of any particular vessel.
A valuation is not normally included with a pre-purchase survey report and you should request one if required.
In the event of an accident or incident, your insurance company is likely to instruct an independent surveyor to obtain details and to assess the extent of any damage. In this situation, the surveyor's client is the insurer, to whom he must report.
If you do have an accident you should notify your insurers immediately and they will advise you what to do next.
See our related Supervision of Construction or Repairs section below.
Many YDSA surveyors have specialist skills and knowledge in different areas and it will usually be possible to find a surveyor to meet your specific needs or to advise on a specialist contractor.
An independent surveyor can work as a vital link between all parties involved: the boat owner, the insurer and the builder/repairer. This can ensure that the vessel is built or repaired to an acceptable standard and in line with any regulations and requirements.
New construction supervision will involve a specification review, on-site inspections at milestone payments, preparation of progress reports, and a final handover inspection often including sea trials.
Inspection visits during the repair process will involve an initial assessment, during which the surveyor will determine the extent of the damage. This process will also include conversations with all relevant parties and may involve detailed research into specific areas. Agreement of a thorough repair specification will provide clear guidance and will allow a detailed quotation to be prepared. A review of the final invoice may be required.
The surveyor will have experience of many different builds and repair techniques and will be able to offer guidance and advice based on their experience and knowledge.
The Recreational Craft Directive (RCD) is a European directive that applies to virtually all recreational craft between 2.5m and 24m offered for sale, or brought into, the EU market. It came into force on 16th June 1998. Boats covered by the Directive are required to comply with specific ISO standards, although equivalent standards may be applied. The RCD was revised and RCD II issued January 2016 and became mandatory in January 2017 – now called the Watercraft Directive.
For advice on compliance with regulations such as the RCD, contact one of our surveyors or designers.
If a dispute goes to court, surveyors' reports will generally be prepared by each side to identify areas in which they agree, and where they differ in finding or interpretation. The court may also ask for a survey report for the court itself. The surveyor acting has a primary responsibility to the court and needs to understand the requirements of CPR 35.
YDSA surveyors can act as expert witnesses in disputes. The role of the expert witness in a legal process is often pivotal in Court, supporting or disproving the arguments of a party to the proceedings, and as such their statements are highly valued and closely scrutinised.
Expert reports must adhere to detailed and stringent rules governing content. They must contain details of the expert's qualifications, the facts which form the basis for the opinion, summaries of other possible theories as well as the conclusion reached and the sources consulted. Importantly, the expert must state that they understand the duties they owe to the Court, and conclude their report with a statement of truth in the prescribed form.
When a party in a dispute is seeking to strengthen their case on an issue involving a vessel, surveyors are therefore a natural choice. It is important to select a surveyor with experience appropriate to the case in hand, taking into account their areas of specialisation. Prior to a court hearing there is often a meeting of experts. In this meeting the appointed experts establish which areas they agree and disagree with the other side, thereby reducing court time.
Alternative Dispute Resolution
Some disputes go to Alternative Dispute Resolution (ADR). This covers mediation, conciliation and arbitration which can be provided by qualified ADR specialists, often solicitors. A joint expert report may be required to assist the proceedings. They are not heard in a court, but the outcome may be agreed as legally binding on all parties.
The duties of the expert can be seen in full detail at the Ministry of Justice website.
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