MITSUBISHI Heavy Industries (MHI) has defended itself in the design and building of the 8,110-TEU MOL Comfort that split in two off the coast of Yemen in mid-June with a total loss of cargo.
"MHI believes that there has not been any problem in MHI's design and construction," said Mitsubishi in an email to Lloyd's List. "The design of the vessel complied with classification societies' rules related to hull strength, and satisfied inspection requirements."
But shipowner Mitsui OSK Lines (MOL) is claiming US$40 million from the yard in damages related to the MOL Comfort and costs of strengthening six sister ships, with the first preparatory hearing scheduled for March 5.
It is expected that the shipyard's main defence will be construction of the vessel that sunk with all 4,372 boxes on board, complied with all the rules.
MOL filed the legal proceedings after the shipping line established a limitation fund for clients hit by the accident at the same legal authority, which received 600 claims before the deadline for filing passed in mid-November.
The case is intertwined with the limitation fund despite legal proceedings being carried out separately, as the amount of damages is related to total claims.
"A court-appointed administrator is still evaluating the claims based on the principle of one cargo, one claim to avoid double claims," said an Okabe & Yamuguchi lawyer, Shuji Yamaguchi, representing cargo interests.
"The total amount of claims is not fixed. Some non-vessel operating common carriers (NVOCCs) have not yet indicated the amounts but filed their claims against the fund first, in case they receive claims from cargo interests in the future."
MOL is not expected to suffer much direct cash loss itself as the vessel had a $66 million hull and machinery policy led by Mitsui Sumitomo and was protected by Japan P&I Club for claims from cargo interests in many cases.
Gathering direct evidence is difficult because the ship sank. But an investigation led by MOL, MHI and ClassNK found buckling deformations 20 mm high on the bottom shell plates of six sister vessels.
The investigation suggested the box ship could have split due to deformation, heavier-than-expected weights of containers, or both reasons.
SHIPBUILDING
27 February 2014 - 22:53
Mitsubishi yard won't take blame for MOL Comfort splitting, sinking
MITSUBISHI Heavy Industries (MHI) has defended itself in the design and building of the 8,110-TEU MOL Comfort that split in two off the coast of Yemen in mid-June with a total loss of cargo.
SHIPBUILDING
27 February 2014 - 22:53
Mitsubishi yard won't take blame for MOL Comfort splitting, sinking
This news 11885 hits received.
These news may also interest you