Page 65 - Industrial Plants

It is worth investigating and trying the cargo, but do not include any provision in
to imagine what problems such an respect of delay. On the other hand, Project Cargo
incident might cause to the EPC is, by its nature, not subject to physical deterioration
General Contracting industry, focusing as a consequence of a prolonged duration of the
on specific issues arising from the voyage.
use of different contracts for the
ships employment Project Cargo is generally carried on the basis of a
specifically negotiated Charterparty and the most
common standard forms are the HEAVYCON and
the use of different contracts for the ships HEAVYLIFTVOY of BIMCO. The time factor can be
employment (the “Charterparties”). crucial for Project Cargo, because delay in delivery of
The facts of the “Ever Given” case are well known a component can have a negative impact on the
and it is not necessary therefore to repeat them here. whole construction.
As far as we know, no project cargo was carried on It is therefore no surprise that both charterparty
board the “Ever Given” and we should therefore forms contain detailed provisions regarding delay in
concentrate our attention on the position of Project the various stages of the voyage, although, as we
Cargo being carried on the ships which were delayed shall see, such provisions appear to protect the
because of the impossibility to access the Suez Owner rather than the Charterer.
Canal (the “Delayed Ships”). In the following paragraphs, we shall consider the
issue of delay in four contexts: (i) the cancelling date,
Project Cargo is not generally carried on container (ii) the transit time, (iii) canal transit, (iv) demurrage.
vessels under a liner bill of lading. The Hague-Visby
Rules would not therefore come into play (except to A Delayed Ship could have encountered the obstacle
the extent that they are made applicable by a of the blocked Suez Canal during its approach
Paramount clause in the relevant charterparty). Even voyage to the loading port. Both cl. 8 of the
if they were applicable, the Hague-Visby Rules would HEAVYCON and cl. 6 of the HEAVYLIFTVOY provide
not provide any answer to the questions arising from that if the vessel is not ready to load within the
delay. The Hague-Visby Rules in fact deal with the Cancelling Date, the Charterer is entitled to terminate
liability of carrier only in respect of loss or damage of the contract; this right to terminate applies

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