DESIGN & BUILD
DESIGN
Every person involved in the design process needs to understand what rights in the design of any superyacht they have. An owner needs to be surrounded by an experienced team to assist with the build process. Any owner needs to explore the following:
• What is the owner expecting from the designer? Will the choice of the design have an impact on the superyacht’s performance or compliance with regulatory obligations? Hire the designer or designers early. The exterior styling and the interior design may come from different design houses. Who has responsibility for the naval architecture? • What are the designer’s obligations? Are they only delivering the design, or should the designer also be responsible for ensuring the builder fulfils the design intent? • Does the design contract tie into the build contract? The designer should deliver the design in accordance with the design deliverables schedule of the build contract. Does the design contract clearly specify the designer’s responsibility towards the owner or towards the builder for defects attributable to the original design? Is there a clear and workable approval process for design drawings moving back and forth between designer, owner and builder?
• Is the designer protected from wrongful implementation of the design by the builder and from delays to the build not attributable to the designer’s fault? Does the design contract allow the designer to recover design fees for variations to the design requested by the owner above the initial scope of work and/or in respect of extra activity requested to the designer to assist the builder in the implementation of the design?
• Is the owner/builder protected from negligent design (including latent (or
‘hidden’) defects, of which particular care should be taken, especially by builders who can potentially be held liable for their failure to identify and correct technically flawed designs) or breaches of intellectual property? Does the designer have professional negligence insurance cover in place? It is expensive but designers should have it.
DESIGNING AND BUILDING A SUPERYACHT IS A COMPLEX PROCESS
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