Force majeure ? CV19 yard closure

[Kelpie]

Got an email from the marina today saying that it was closed other than for essential maintenance.
Given I can't get there anyway (ferry ride away) I guess we're stuck past the end of our berthing contract.
I'm hoping that they will be understanding and not clobber us with a bill for additional berthing. But it's not my biggest worry right now.

 

[superheat6k]

My boat was due to splash after and extensive Winter of work this Thursday - now she is stuck ashore for the foreseeable.

Now the Government very clearly said one of the four reasons to go out is "to go to work", but the word work has not been defined at all. I routinely go to work on my boat, I even say to SWMBO I'm going to work on the boat, and anyway would be quite alone, so would not be contravening social distancing rules at all.

So until the Law is a bit better defined I shall be complying with the Law.

 

[Momac]

.........
the Government very clearly said one of the four reasons to go out is "to go to work", but the word work has not been defined at all. I routinely go to work on my boat, I even say to SWMBO I'm going to work on the boat...........

Where will you get your signed permit or other written evidence that you are travelling for essential work?
My employers have put a permit system in place today and the permit requires a written risk assessment from a manager and health and safety Director and signature of an Operational Director. This applies even if travelling to the office and that has to be for a valid reason.
Fines may be imposed for those who are found to be disobeying the rules.

Even people who cannot work from home and need to do physical work must have valid reason to travel .

 

[LittleSister]

I'm not clear why a boatyard should consider it necessary to close, unless it being open is encouraging close mingling . They are not among the classes of business (mainly retail and hospitality) which are specifically required to be closed to the public.

One boatyard told me today they are continuing to work, as they consider themselves manufacture, which is one of the things the government is keen to keep running. (Certainly the economy more generally is.)

As I wrote on another thread, whether an owner may visit their boat under the current published rules is not clear (and the Government seems quite muddled about what it thinks those rules say).

On the one hand, under current rules you can go to the boat if it is for daily exercise, or if it is for 'work' (which is not defined) which cannot be done from home. On the other hand one might consider it akin to visiting one's second home, which is advised against.

The underlying point of the rules is to, as far as practicable, reduce social contact while maintaining the economy and people's mental and physical health. I think the rules should be interpreted in that light.

I imagine the rules will be clarified, and likely extended, over the coming days.

Having missed most of last year's season, and a good part of the previous one, and now retired so will have time at last, I am most perturbed to think I might miss out on what feels like a rapidly diminishing number of seasons left to me.

I fully support drastic action being taken to curb the spread of the virus, but hope against hope that it won't rule out me anchoring up somewhere and watching the birds and seals go by.

 

[LittleSister]

Where will you get your signed permit or other written evidence that you are travelling for essential work?
. . .
Even people who cannot work from home and need to do physical work must have valid reason to travel .

There is no mention in the published guidance of any need for a signed permit, or for work to be 'essential'. (Your employers can do what they like, though.)

Work itself (unless it can be done from home) is itself a valid reason for leaving home under the published guidance. Full guidance on staying at home and away from others

That said I did hear on the radio something about a minister saying that tradesmen could travel to do emergency repairs, but not routine work. Perhaps he hasn't read the rules his own government published, or is jumping the gun on revised ones still being drafted.

 

[Seven Spades]

We have sold our house and are due to complete on friday. All furniture has been taken to storage and the plan was to live on the boat... Hunker down and just wait for this to go by. I can't see that that is breaking the rules.

 

[Momac]

I'm not clear why a boatyard should consider it necessary to close

Leisure boating isn't a necessary activity

There is no mention in the published guidance of any need for a signed permit, or for work to be 'essential'. (Your employers can do what they like, though.)

Yes they can do as they see fit . The company employs 5000 people . They know what they are doing as much as anyone else .

People are being stopped and may be fined for unnecessary travel . If that doesn't work I expect more severe penalties will be introduced.

I had hoped for a different outcome but now realise the restrictions are all necessary. Going to the boat may well cause harm but the largely stupid British public (remember this is the country that voted to leave the EU) were disobeying recommendations so strict rules must now be enforced .

 

[LittleSister]

Leisure boating isn't a necessary activity

The word 'necessary' doesn't appear in the published guidance.

It says what it says, not what someone people (including Ministers!) think it says.

It does mention cycling. Is that a 'necessary' activity?

 

[Momac]

It does mention cycling.

Off you go then.

 

[thinwater]

Hey, we have a leader (US) that just announced it is "time to get back to work" next week (full speed by Easter) never mind exponential growth of infection and that we will pass China this weekend. Not the best way to be a "world leader."

I wonder how many will listen, since the leader did not suggest or enforce the closures in the first place (they were all driven by local governments and the corporations themselves). I really hope he is ignored. But he's going to take credit for the idea and thus blame all of the economic damamge on others.

I hang my head in embarrassment.

 

[awol]

If you haven't realised it before the government is playing it by ear without involving the grown-ups. Just witness the Gove performance of bluster and backtracking this morning. Arguing about whether something is proscribed or not is a waste of time. Lock-down makes sense if only to slow the spread and it may even stop it if enough people do it.

 

[steveeasy]

On 23 March the government, stepped up measures to prevent the spread of coronavirus and save lives. All non-essential premises must now close. There is a defined list of essential premises that can continue operating. all other businesses should have closed today. Marinas and boatyards are not essential. They have no choice but to close
Even if they were allowed to stay open, unless you lived next door you are not allowed to travel to them. My business was one that closed a week earlier. each business has access to grants or loans to help them through difficult times. even when a marina is closed it still has some of its income coming in. Now they are closed the workers can stay home and be safer.

This has the potential to be such a significant catastrophy , id not worry to much about sailing for a few weeks or trying to drive x amount of miles to then fit sailing in to a form of excercise.

Steveeasy

 

[JumbleDuck]

Hey, we have a leader (US) that just announced it is "time to get back to work" next week (full speed by Easter) never mind exponential growth of infection and that we will pass China this weekend. Not the best way to be a "world leader."

Your president currently has jis highest approval ratings since 2018. It's not really a suprise - why should a country where stripping the poor of medical care is a vote winner, particularly among the poor, be bothered when that has its predictable effects? You are, collectively, getting the pandemic you voted for. Sorry.

 

[thinwater]

Your president currently has his highest approval ratings since 2018. It's not really a suprise - why should a country where stripping the poor of medical care is a vote winner, particularly among the poor, be bothered when that has its predictable effects? You are, collectively, getting the pandemic you voted for. Sorry.

Agreed. That's the embarrassing part.

 

[RJJ]

What the Government should instead be doing is imposing much stricter measures on high-risk groups and much more flexible measures elsewhere, per the articles below.

Most of us can go to our boats, work on them all day and drive home without going near anyone. The only possible contact being if you have to fill your car - so disinfect the pump handle and payment terminal before and after each use. Don't go to the loo in the yard; pee in the sea or use a bottle.

Closing offices where we share loos, lifts and kettles makes sense. But you only have to look at the train overcrowding for key workers to see that travelling to your boat is not an anyway an issue. If Tom can go for a run around the common, Dick can go for a bike ride, then Harry can visit his yacht. Tom and Dick are creating much higher risks.

So much for common sense. Whether the police actually start enforcing travel bans is a different matter. I would hope there are better things to do.


Opinion | Is Our Fight Against Coronavirus Worse Than the Disease?

Locked-down Europe asks: How long can we afford this?

https://www.washingtonpost.com/opin...ovid-19-reality-national-lockdown-is-no-cure/

 

[Fr J Hackett]

I was hoping to have the boat back in the water in just over a week's time. The yard has texted that they are now closed bcs of the Govt lockdown. This is obliging me to take up another 4, or n, months space at the yard with associated costs.

Is this force majeure, or can a claim be made to recover the storage charges from insurance? Yes, I know it seems selfish but I have my own perfectly good mooring nearby, which could be sensibly used for 'storage'.

Yes, this is paltry amidst the greater scheme of CV19 impacts, but it galls to see cyclists, horse riders and walkers out on the moor this morning enjoying their recommended and approved anti-virus, healthy exercise.


And yes, the capital and running costs of a horse or bike can easily exceed that of my boat.

From what I remember for force majeure to be enacted in any contract the specific terms to which it may apply have to be detailed in the wording of the contract. I very much doubt even if there was a force majeure condition in your storage contract it would include current events.

 

[simonfraser]

not all the yards have closed, one local one is still open, the chandlery is closed
everyone is standing apart, some lone peeps working on their boats, a little bit of common sense

 

[Poignard]

It's all very unfortunate (especially for those of us who now have time on their hands and a boat which is sitting in the yard but not accessible) but inevitable. There is no get-out which allows you to go to your boat, unless (arguably) you walk/run/cycle there as part of your daily exercise.

What if you have a rowing boat, or even a pedalo?

 

[penberth3]

I'm not clear why a boatyard should consider it necessary to close, unless it being open is encouraging close mingling . They are not among the classes of business (mainly retail and hospitality) which are specifically required to be closed to the public...…

Surely included under "Leisure Activities"? Not every activity is listed - it would be a long list.

 

[lw395]

Fishing boats are allowed out. If times get really hard we may be reduced to fishing for food! I reckon about three weeks before the cat has to start worrying about how cat tastes:

On our permitted bike ride today we spotted an angler angling...

I'm told that in the war, cats were sometimes sold as 'rabbit'.
Minus head, tail and feet presumably.

I heard a pheasant near here early this morning. Might buy some bird seed....