Lawyer recommendations for UK boat construction contract

willbank

willbank

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Hi all - can anyone recommend a reasonable and unstuffy solicitor who is familiar with boat construction contracts? It would be a 2 year build of reasonable value for a 45ft vessel and I have received the draft contract from the manufacturer and just want some advice.

Thanks!
 
How about posting a copy of the contract that you have received on here, and you will receive expert advice on the subject?

Once you have the contract sorted, will you have anybody overseeing the build for you?
If this is a customised 'one off' build, I think that this would be just as important as the contract, if not more so (unless you are happy to oversee the construction yourself).
 
There are still some lawyers on here despite JFM's departure (me!) so happy to comment on simple points if you have concerns. As for a recommendation, sorry don't know anyone in that game although one of the firms I work with a lot is very strong on shipping (Stephenson Harwood) although depending on the value of the build they may well be "overkill" (at least on the bills!).
 
Bajansailor said:
How about posting a copy of the contract that you have received on here, and you will receive expert advice on the subject?

Once you have the contract sorted, will you have anybody overseeing the build for you?
If this is a customised 'one off' build, I think that this would be just as important as the contract, if not more so (unless you are happy to oversee the construction yourself).
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It may be better for him to ask for help and then pm the contract as it is quite personel.
 
Sorry for the delay and many thanks for offers of help - I am very grateful for any assistance.

I wanted to redact the identifying parts because this builder has been extremely helpful and cooperative and I don't want my requests for assistance to come across as anything but proper prudence when entering into a contract of this value.

As such please find the contract here:
 

Attachments

Any specific queries on it willbank? Looks like a standard BMF contract although I'm speaking from memory and haven't got a comparator to look at.

I would be clarifying with the yard what impact Covid restrictions will have on your ability to inspect the vessel during its build, and should such restrictions cause you to be unable to accept the vessel once built, that the deadlines there will be extended accordingly.
 
Thanks @Solent Sailor - it seems somewhat weighted towards protections for the Builder rather than the purchaser but, as I said in my previous post, the yard have been extremely helpful and engaged so I certainly don’t suspect there will be trouble. Just wanted steer from those who’ve seen a broader set of examples if possible!
 
What type of vessel will you be having built willbank?
And what construction material?
Would you like to start a construction thread about her when the build gets underway please?
Many on here would be very interested, including myself.
That amazing legal forumite JFM who has been mentioned above started this build thread for his boat - and it ran to over 100 pages.
Boat in build pics (2013 Fairline Squadron 78)

Edit - one possible advantage of a new build thread on here is that it will help to keep the Builders on their toes - you could invite them to chip in as well even - and the benefit for them will be lots of excellent free advertising.
 
willbank said:
Thanks @Solent Sailor - it seems somewhat weighted towards protections for the Builder rather than the purchaser but, as I said in my previous post, the yard have been extremely helpful and engaged so I certainly don’t suspect there will be trouble. Just wanted steer from those who’ve seen a broader set of examples if possible!
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That kinda confirms it is probably a British Marine (Federation, as was) precedent. It is very protective of the builder, but not wholly unreasonably so in my view.

Gibeltarik said:
Suprised at the number of stage payments - 3x 1/3 more normal
Yachting Lawyers - Yachting Lawyers.com would be a good team to approach.
Or take a different tack and employ a surveyor to oversee the work.
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Stage payments - I thought that initially, but actually I think it benefits the buyer more than anyone. Less big chunks of your cash are being handed over in one go - and each with a demonstrable triggering event. So, if the worst were to happen, arguably you will have parted with less cash than if it was just in 3 or 4 tranches.

Independant surveyor is a good plan, especially if you have someone you trust (a lot of surveyors I wouldn't give credit for very much knowledge or ability at all, but that's a different story) and if you don't have the experience to keep on top of things yourself.
I'm not in the business of advising on this type of thing professionally, so have no interest in this - however, I would suggest/ask that anyone recommending firms of solicitors kindly indicate whether it is just because they found a website that suggested that someone was relevant experience or because they have actually used that firm. Only the latter has any real credibility, the former merely being an unsubstantiated lead. There firms in my area of practice who have exceptional websites (and for that matter, talk the talk very well) but I wouldn't consider using for a moment for any number of reasons.
 
Solent Sailor said:
Stage payments - I thought that initially, but actually I think it benefits the buyer more than anyone. Less big chunks of your cash are being handed over in one go - and each with a demonstrable triggering event. So, if the worst were to happen, arguably you will have parted with less cash than if it was just in 3 or 4 tranches.
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OK stage payments during a build but what about paying the lot as soon as you can. Could it not be claimed to be yours then and not belong to the builder at all.

In a lot of cases of new builds, the end user deals through a broker so as soon as the broker has the boat delivered, wouldn't it be safer to pay the full amount and have the ownership transferred to you even if the delivery isn't actually made until later.
 
Bajansailor said:
What type of vessel will you be having built willbank?
And what construction material?
Would you like to start a construction thread about her when the build gets underway please?
Many on here would be very interested, including myself.
That amazing legal forumite JFM who has been mentioned above started this build thread for his boat - and it ran to over 100 pages.
Boat in build pics (2013 Fairline Squadron 78)

Edit - one possible advantage of a new build thread on here is that it will help to keep the Builders on their toes - you could invite them to chip in as well even - and the benefit for them will be lots of excellent free advertising.
Click to expand...

Yes, I’d be open to that - it would be a 45 foot, twin engine motoryacht of classic style, based on a Nelson hull. It would be the first out of the yard of this model in almost a decade and our mission is to try to find ways to make it as environmentally efficient as possible while keeping the elegance and rock-solid seakeeping ability.

I haven’t pulled the trigger yet so a little too soon to start the thread!
 
willbank said:
Yes, I’d be open to that - it would be a 45 foot, twin engine motoryacht of classic style, based on a Nelson hull. It would be the first out of the yard of this model in almost a decade and our mission is to try to find ways to make it as environmentally efficient as possible while keeping the elegance and rock-solid seakeeping ability.

I haven’t pulled the trigger yet so a little too soon to start the thread!
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You sound more like a builder than buyer.
 
willbank said:
Yes, I’d be open to that - it would be a 45 foot, twin engine motoryacht of classic style, based on a Nelson hull. It would be the first out of the yard of this model in almost a decade and our mission is to try to find ways to make it as environmentally efficient as possible while keeping the elegance and rock-solid seakeeping ability.

I haven’t pulled the trigger yet so a little too soon to start the thread!
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Excellent!
Can you disclose who is designing her?
And what sort of ways you are considering re making her as environmentally efficient as possible - perhaps hybrid diesel / electric propulsion?
Will you be managing the project yourself? If you will not be in close contact with the yard fairly frequently, it could be a good move to appoint a project manager to act on your behalf. I have seen various custom boat building projects in the past which would have had much happier outcomes if the owner had appointed a project manager.

Re Seastoke Roy, I think he is just jealous.
 
I will make a thread once the deal is done.

It’s not the right hull for for a hybrid unit, in our calcs - so we’re looking at ways to reduce weight, use the most efficient marine diesel engines (any help or tips much appreciated as it seems the marine diesel industry doesn’t seem to have come on nearly as much as auto diesel), use the most advanced generator and battery storage tech we can to avoid having a diesel generator etc.

On the above we‘re looking at Triskel Marine’s Integrel system - does anyone have any real-world experience with it?

I will be managing the project as I have experience managing complex construction jobs but I don’t have any specialist marine experience so am keen to find some help.
 
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