| Award 1178

Award N° 1178 – Yacht contract of construction – Guaranteed works entrusted to a third party contractor – Financial dispute between shipyard and repair yard. Consequences of the partial deterioration of the cocoon of protection (hull) for the painting works following bad weather must also be supported by the repair yard which benefited from the contractual clause (of replacement) of the shipyard insurers who did not call on the specialized subcontractor who had set up the cocoon (hull). And there is no reason to grant the penalties of delays requested by the shipyard which were not expressly scheduled in amendments signed in the course of construction. The repair yard did not have to support the consequences of the modifications to the initial contract.