Entering Into And Performance Of The Shipbuilding Contract

Nowadays, the vessels our country build are sailing around the sea area of the whole world. The total tonnage of the ship-building industry is ranking at the third place of the world and the vessel's instruments market is better and better, so the whole ship-building industry represents scenery of flourish. However, ship-building industry is a capital-intensive one, and it self is a huge project. And this process is very complex due to the complicacy of craftwork and the universality of its interest parties. Although the shipbuilding industry is one of the industries which were the first ones entered into the international market, it is a short period for the shipyards to take part in the world competition when compared with the ones in Japan, Korea and European countries. So it is easier for the builders to have some careless omissions when they sign and fulfill the contract. However, during the process of it, the builder has the ability to fulfill the request of the shipowner or the processor on order properly. Therefore, the assay discusses how to prevent these careless omissions from the visual angle of the shipyard.Firstly, the assay discusses the character of the shipbuilding contract. The writer believes that it has a important meaning for analyzing the ownership of the vessel and the assumption of the risk, so with the reference of the regulations inside and outside of China, the writer analyses the differences between the sales contract and the contract for work and the meaning on analyzing the differences, and express the writer's point of view on the character of shipbuilding contract. Besides, the writer analyses the three universal shipbuilding contracts briefly to discuss the regulations about the ownership and the passing of the risk in them.Then, this assay discusses the shipbuilding contract according to the frame of contract assignment and fulfillment, and the two parts are the stresses of this assay. From the writer's point of view, assignment of a perfect shipbuilding contract is the first step for the shipyards to prevent the risk, so during the process of contract assignment, the writer believes that the shipyards should make emphasis on the clauses of the contract and do their best on the detailed setting of the clauses to protect their own benefits. In details, after analyzing the "letter of intent" which is signed before the shipbuilding contract assignment, the writer discusses the main clauses of shipbuilding contract. A whole shipbuilding contract includes the clauses as follows: the specification book, the payment clause of the contract, the amendment of the contract, the building and the inspection of the vessel, delivery of the vessel, the quality assurance, the settlement of the dispute and so on. Among these, the assay emphases on the classification society, the influence on the technical clause when the parities choose the flag state, the distribution of the liability when the speed of the vessel and the consumption of the oil could not meet the requirements of the contract, the distribution and assumption of the related liability in the designing risk clause, and the application of the option clause. Besides, the writer believes how to forecast and keep away the risk should be considered when sign the shipbuilding contract, so the clause with the content of how to prevent the risk is another emphasis of the writer.During the process of the contract fulfillment, this assay mainly discusses the legal status of the representative of the shipowner, the distribution and assumption of the related liability of the ship chart, the risk of trial voyage as well as the consequence of the acceptance or rejection of vessel, the related regulation about the renewal period and the measures the shipyard could take when the shipowner breaches the contract.So, although the shipbuilding contract can be included in the range of the contract law, and be bound by the contract law and civil law, there are some particularities of the shipbuilding contract when it is related the detailed ship building issue. Therefore, from the view of protecting the interest of shipyard, the writer has done some discussion on the shipbuilding contract not only on the theory but also in practice so as to help the shipyard to settle the problem occurs in the process of contract assignment and fulfillment.