Grounded by Orders: When Over-Aggressive Drafts Lead to Costly Delays

 ⚓ Grounded by Orders: When Over-Aggressive Drafts Lead to Costly Delays

❓Ask Yourself Before You Load:

• Do you verify port restrictions before issuing draft instructions?
• Are you aware of your liabilities if your loading order grounds the vessel?
• Could a single misjudgment in draft ruin your voyage schedule and expose you legally?

 

⚖️ Clause Breakdown: Vessel Grounding Due to Charterers’ Loading Instructions

In the reported case, the vessel grounded because Charterers instructed the Master to load the ship to 11.9 meters draft — aiming for arrival at Lome.

Shortly after arrival:

📞 Master informed Owners via phone that the vessel is sitting on the bottom and cannot be brought alongside.

Despite Owners’ advice to take ballast in the after peak tank, the falling tide and critical draft made the situation unmanageable. Charterers were urged to arrange lightening operations immediately to refloat the vessel.

✳️ What Went Wrong?

• Charterers issued draft instructions without validating port tidal/draft data.
• Local agents distanced themselves, leaving the Master and Owners in a difficult situation.
• As a result, Owners are appointing P&I surveyors and plan to engage divers to assess possible damage.

 

📌 Legal & Operational Implications

• Breach of Charter Party: Charterers assumed operational responsibility and made an unsound loading instruction.
• On-Hire Status Maintained: Vessel remains on hire despite grounding due to Charterers' fault.
• Cost Exposure: Charterers may be liable for:
• Lightening costs
• Divers and surveyors
• Port fines or penalties
• Time lost and operational disruption
• Risk of Structural Damage: Owners must now proactively inspect underwater hull and equipment.

 

⚠️ Common Pitfalls to Avoid:

• Blindly trusting max draft figures without consulting updated port and tidal data.
• Assuming responsibility without indemnity or prior written agreement.
• Failing to involve P&I or port experts early when issues emerge.

 

💡 Example Scenario:

On a past voyage, a Panamax bulk carrier was loaded to 13.2m per Charterers' request for discharge at an African port. Vessel touched bottom 4 hours before berthing window, delaying cargo ops by 2 days and resulting in $150,000+ in lightening, delay, and inspection costs — all eventually borne by Charterers due to breach of CP instructions.

 

🔍 Relevant BIMCO Guidance / Legal Notes:

• BIMCO Time Charter Clause Commentary: Always requires that instructions from Charterers do not expose Owners to unlawful or unsafe navigation or handling.
• In The "Hill Harmony" case, courts affirmed Masters' right to override Charterers’ instructions if navigational safety is compromised.
• Charter Party warranties typically bind Charterers to provide safe port instructions — this extends to drafts and loading limits.

 

🛠️ Actionable Steps for Operators, Managers, Owners, and Charterers

✅ For Charterers:

• Always verify draft limits from updated port tide charts and agent advice.
• Seek Master’s confirmation and clearly document responsibility before pushing limits.
• Have lightening contingency plans in place when loading near max draft.

✅ For Owners:

• Get written confirmation of instructions from Charterers.
• Immediately involve P&I and surveyors in grounding cases.
• Retain evidence: Master’s reports, log entries, agent emails, port tide tables.

✅ For Masters:

• Maintain logs of conversations with Owners and Charterers.
• Refuse unsafe orders where navigational risk exists.
• Report and act swiftly in grounding scenarios — time is key.

 

🧭 Conclusion: Be Smart — Draft Safety is Not Just a Technicality

In high-pressure shipping ops, it’s tempting to optimize every inch of draft for max cargo. But a few centimeters of miscalculation can result in delays, damage, and dollars lost — not to mention legal heat.

Shipping is about balancing profit and prudence.

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📆 Quick Prep Checklist for Charterers & Operators:

Task	Responsible	When
Confirm draft limits & tide data with port agent	Charterer	Before loading instructions
Verify final draft plan with Master	Charterer & Owner	Pre-loading
Keep indemnity terms documented	Charterer	Ongoing
Appoint P&I & diver if grounded	Owner	Immediately
Maintain on-hire claim records	Owner Ops	Throughout grounding

 

📜 Disclaimer:

This blog is for educational and informational purposes only. It is not legal advice. Operational outcomes and liabilities vary depending on individual charter party terms and situational factors.