FLR3244 Module 1

CERTIFICATE IN MARINE
CONSULTANCY
Module 1: An Introduction
Course Director
Mike Wall, BSc, Msc, FIMarEST,CMarTech, QDR
Marine Consultant, Trainer and Author
Contents
WELCOME TO THE COURSE ..................................................................................................................... 3
INTRODUCTION TO THE COURSE ............................................................................................................ 4
ABOUT YOUR COURSE DIRECTOR............................................................................................................ 5
STRUCTURE OF THIS COURSE .................................................................................................................. 7
KNOWLEDGE AND EXPERIENCE............................................................................................................. 11
STUDYING THE COURSE......................................................................................................................... 12
1. MODULE 1: MARINE CONSULTANCY ............................................................................................. 14
1.1 Introduction ........................................................................................................................... 14
1.2 Career Progression ................................................................................................................ 16
1.3 Qualifications ......................................................................................................................... 18
1.4 Experience ............................................................................................................................. 20
1.5 Writing your Curriculum Vitae .............................................................................................. 21
1.6 Making the Transition From Marine Surveyor To Marine Consultant .................................. 21
1.7 Generalist vs Specialist .......................................................................................................... 22
1.8 Types of Marine Consultancy ................................................................................................ 23
1.9 The Role of Independent Marine Consultancy Companies ................................................... 24
1.10 Marine Consultancy as a Profession...................................................................................... 25
1.11 The Role of Professional Associations ................................................................................... 26
1.12 Continuing Professional Development .................................................................................. 30
1.13 Attending Conferences .......................................................................................................... 31
2. CODES OF CONDUCT AND ETHICS ................................................................................................. 34
2.1 Introduction ........................................................................................................................... 34
2.2 The Development of Marine Surveying Organisation ........................................................... 34
3. TERMS AND CONDITIONS OF SERVICE .......................................................................................... 38
3.1 Caveats and Disclaimers ........................................................................................................ 39
3.2 Exclusion Clauses ................................................................................................................... 40
3.3 Appointment by the client .................................................................................................... 41
3.4 Professional Indemnity Insurance ......................................................................................... 42
3.5 Limiting Liability..................................................................................................................... 43
3.6 Copyright Issues .................................................................................................................... 44
4. SUMMARY ..................................................................................................................................... 45
5. REFERENCES .................................................................................................................................. 46
6. APPENDIX 1 - IIMS Code of Conduct ............................................................................................. 47
7. APPENDIX 2 - SPECIMEN INDEPENDENT MARINE CONSULTANT’S EMPLOYMENT AGREEMENT . 52
Module 1: An Introduction 2
WELCOME TO THE COURSE
Over the next few months and eight modules we will be exploring and learning about marine
consultancy and the role of marine consultants. We will also be exploring their importance in the
shipping industry and why they are necessary.
During the course you will learn about the different types of assignments undertaken by marine
consultants. You will also learn about their activities, product, professional accreditation and
protocols.
You will also receive some tips on reporting and report formatting which will help you establish
yourself as a fully proficient marine consultant in the shipping industry.
As your course director I welcome you to the course and the first module. I will be with you
throughout the course, both through the written content and the on-line forum. Please do not
hesitate to contact me, either via the on-line forum or by email to the course team at IBC Academy.
Mike Wall
Course Director
INTRODUCTION TO THE COURSE
When Lloyd’s was first established in 1680 shipping transport was considered to be a risky adventure.
With the improvement in technology and safety standards voyages have become less risky but there
is still no guarantee that a ship will not befall some accident or incident. There are more than 60,000
ships plying their trade around the world in an industry which cannot always guarantee arrival on
time or that goods will not be damaged in the course of transit.
Almost all vessels will need the services of a marine surveyor from time to time for various reasons.
However, when a situation becomes complicated and out of the ordinary a marine consultant may be
called in to assist and, where necessary, to give an opinion as to the technical merits of the matter at
hand. Whilst becoming a marine consultant appears to be a natural progression from marine
surveyor, it is not necessarily automatic, requiring higher qualifications and several years of specialist
experience. This course is aimed at helping those aspiring to this role in their career progression,
choices and actions. It is stressed that the marine surveyor and marine consultant each have their
roles to fulfil, each being important in their own right, there being no intention to devalue the role of
either.
Whilst it might be expected that students who have enrolled for this course will have some form of
shipping-related experience, the text is also aimed at those who may have no shipping experience at
all. For those who do have previous experience, I apologise in advance but would suggest that
revision of some of the subjects can only be a good thing.
ABOUT YOUR COURSE DIRECTOR
Mike joined Cunard Line as a marine engineer apprentice at the age of 17, eventually reaching the
rank of Chief Engineer with service aboard many types of vessel and engine.
During his career Mike has obtained his First Class marine engineer's certificate of competency, Class
1 Hong Kong Local Master's Certificate, a Bachelor of Science in Nautical Studies and Master of
Science degree in Shipping and Maritime Studies. Experience has been gained in most areas of
shipping with 8 years as a lecturer in Maritime Studies, culminating in 5 years as Senior Lecturer at
Warsash College of Maritime Studies, UK and time as a Superintendent with a UK coastal company.
Since leaving full-time education, Mike has continued to be a visiting lecturer at various
establishments and regularly carries out training seminars for various shipping organisations.
Twenty-five years’ experience has also been gained in hull, machinery and cargo surveying in the
USA, New Zealand, Fiji and South East Asia. Most of this was based in Hong Kong, providing a wide
range of marine consultancy and surveying services to P&I Clubs, Shipowners, Shipmanagers,
Underwriters, Admiralty Lawyers and other Principals. Mike is also a qualified Mediator, being
registered both in the UK and Hong Kong.
Expert opinions have included:
• Crew injuries.
• Steel cargo disputes.
• Loss of electrical power.
• Sinkings.
• Fires.
• Steel coil disputes.
• Cargo dispute, portal drilling machine.
• Crew injury (death).
• Cotton shorts. Cargo dispute.
• Canned goods in containers wet-damaged on arrival in Europe.
• Contaminated Soya bean oil cargo.
• Tanker quantity disputes.
• Hull and cargo damage.
• Collapsed deck crane jib.
• Tanker explosion and crew death.
• Main engine failure.
• Main engine damage.
• Gearbox damage.
• Tanker explosion during ship to ship transfer.
• Hatch cover damage and container spreader defects.
• Dispute between ship buyer and seller.
• Cargo wire failure.
• Speed and angle of blow assessments.
• Container lashing failure analysis.
Mike is a regular contributor of shipping technical articles to various maritime publications and is
currently editor of FLASHLIGHT, the free emailed monthly newsletter distributed to 4,000+ marine
surveyors and consultants around the world. If you wish to be added to the circulation list email:
mikewallassociates@gmail.com
More recently, Mike has authored several training modules for diplomas in marine
superintendencey, ship surveying, yacht & small craft surveying and ship building & repair for other
training organisations.
Mike has authored and is currently course director for the Lloyd’s Maritime Academy distance
learning course on 'Marine Warranty Surveying' and continues to mentor marine surveying trainees.
To summarise, a total of 24 training modules for various diplomas in shipping have been written over
the last 6 years.
His first book entitled 'Hatch Covers Operation, Maintenance and Testing' was published in 2008 by
Witherby Seamanship International. His second book entitled 'Report Writing for Marine Surveyors’
was published by Petrospot in February 2011. His third and fourth books 'Report Writing for
Professional Marine Engineers' and 'The Role of the Marine Engineering Superintendent' were
published in early 2014. His fifth book 'Running a Successful Marine Survey Company' was published
in February 2015. His latest books 'Marine Surveying and Consultancy - An Introduction' and 'Marine
Warranty Surveying - An Introduction' were published in January 2017.
He is a Fellow of IMarEST, Chartered Marine Technologist Marine Techologist. As a qualified dispute

resolver (QDR) he has successfully concluded several mediations.
Mike will be available via the course forum to discuss any course issues.
STRUCTURE OF THIS COURSE
Marine consultants play an essential role in investigating marine accidents and incidents, providing
opinions as to how these occurred. Their expert opinions are frequently used by the courts in
resolving technical issues in significant shipping disputes.
This distance learning course addresses the core competencies of marine consultants, presenting the
knowledge and practical techniques employed by them during their assignments.
Marine consultants ensure that best industry practice and correct procedures are followed during
assignments. They must be aware of codes of practice and conduct whilst carrying out their duties.
They must also be familiar with the need for confidentiality and court procedures, protecting the
interests of their client.
Given such a broad range of project types, marine consultants must have a solid grasp of legal
implications and procedures, together with an understanding of the roles played by key parties, the
processes involved in conducting assignments and their outcomes, including compiling reports and
opinions. There are many categories of consultancy projects with several examples given.
The eight detailed modules of this programme, made available on line for you to download and study
around your other commitments, lead you through these principal areas of knowledge, combining
theoretical insight with practical guidance.
Marine consultants are typically drawn from a wide range of roles and expertise including master
mariners, marine engineers and naval architects. Professionals from these backgrounds looking to
extend their consultancy activities will benefit from this authoritative course on marine consultancy
without having to take time away from their careers to attend seminars.
The programme will also be invaluable to those involved in operations associated with marine
consultancy throughout the maritime and offshore sectors, as well as practitioners in marine
insurance and law.
With such a range of backgrounds, I'm sure there will be some fascinating discussions on the on-line
course forum, where you can ask questions, share experiences and network with your fellow
students. I will be present on the forum throughout the course to offer tutorial support and
encourage further learning.
During the course we will explore the different elements of marine consultancy in eight modules
which are outlined below:
Module 1 - Marine Consultancy: An Introduction
• What is a marine consultant? When are they needed?

• Marine surveyor vs marine consultant.
• Qualifications and experience.
• Marine consultancy as a profession.
• Role of a marine consultant, generalist vs specialist.
• What is your product?
• Who is your client?
• The opinion as a legal document.
• Types of marine consultancy.
• Experience/expertise required.
• Transitioning from a marine surveyor to a marine consultant. Career progression.
• Role of the professional associations.
• Code of conduct and ethics.
• Appointment by the client.
• Terms and conditions of service. Caveats and disclaimers.
• Limiting liability.
• Professional indemnity insurance. (known as 'errors and omissions insurance' in the USA).
• Continuing professional development.
Module 2 - Types of Marine Consultancy
• Examples of marine consultancy assignments.

• Fires.
• Explosions.
• Groundings.
• Sinkings.
• Bunker disputes.
• Collisions – SABA.
• Cargo disputes – steel, bulk, oil, containers.
• Crew injury.
• Cargo gear failure.
• Machinery failure.
• Role of the marine consultant in the above cases.
• The various types of evidence and sources.
• Support documentation, eg, conventions, statutes, codes, etc.
• Protocols.
Module 3 - Expert Witness Work
• Opinion vs expert opinion.

• Types of expert.
• Legal systems.
• Training.
• Court and tribunal procedures.
• Civil Procedure rules.
• Duties in court.
• Code of Practice.
• Presentation of expert evidence and cross-examination.
• The expert’s report.
• Types of evidence which may be used.
• Expert’s declaration.
• For whom are you writing the report?
• Preparation.
• Information and data collection.
Module 4 - Marine Accident Investigation
• Managing a marine accident investigation.

• Types of accident.
• International Safety Management (ISM) Code.
• Risk assessment.
• Human factors.
• Evidence preservation.
• Documentation and photography investigation.
• Witness interviews.
• Root cause analysis.
• Working with Voyage Data Recorders.
• Safety recommendations.
Module 5 - Working with Specialists and Lawyers
• Understanding role of specialist.

• Subcontracting to and managing specialists.
• Need for specialists, eg, fire experts, chemists, metallurgists.
• Different types of specialist.
• Using specialists effectively and efficiently.
• Being appointed by a lawyer.
• Visiting lawyers' offices, dress, etc.
• The client, lawyer, barrister and consultant relationship.
• Rules of evidence.
• Disclosure.
• Role of lawyer in marine investigations.
• Managing lawyer participation in the consultancy project.
• Need for independence.
Module 6 - Report Writing and Consultancy
• For whom are you writing the report?

• Preparation.
• Information and data collection.
• Drafting.
• Writing.
• Layout and presentation.
• Revisions.
• Findings.
• Recommendations.
Module 7 - Business Practices and Development
• Setting up business as a marine consultant.

• Compiling your CV.
• Financial and account management.
• Selling your services. Advertising and marketing, web page, etc.
• Receiving appointments.
• Client relations, maintaining the bond.
• Contract management. Keeping the client updated on progress. Need for additional
information, services, etc.
Module 8 - Financial Management and Accounting
• Setting your fees.

• Costing estimates.
• Use of cost summary sheets.
• Cost management, keeping the client updated.
• Financial management for long cases.
• Invoicing – interim and final.
• Maintaining financial records.
Please note: When referring to marine consultants and experts the author has used the word 'he' on
all occasions. This is purely for convenience and is not intended to offend female readers.
The contents of this publication are purely the opinion of the author. Other publications are available
on the subject matter dealt with in the text and readers are encouraged to read others to gain a
cross-section of opinions.
KNOWLEDGE AND EXPERIENCE
The course will provide a sound foundation in and knowledge of the many aspects of marine
consultancy. It is not intended to be a comprehensive compendium covering all aspects of the
subject but each module could be considered as an entire course in its own right. However, there is
sufficient depth in the material provided to be able to gain a good understanding of the industry and
make informed views.
If you are working as a marine surveyor and wish to raise the level of work you receive, ie, to marine
consultancy, you should take advantage of this course by observing what is happening around you,
applying what you learn and comparing what is happening with the course content. If you do not yet
work in this area, try to work with an experienced marine consultant so that you can learn
thoroughly about the subject.
There are also other associated courses available to you to broaden your knowledge of marine
surveying.
STUDYING THE COURSE
We all have our preferred learning styles, tackling reading and learning activities in our own unique
way. As the course director, author and tutor for this and the other seven modules, it is my
responsibility to keep you 'interested' in the content. I must also try to help you remain motivated to
learn. This will be achieved in part by the text, which will take you through a thorough introduction
to the subject, but you also have to take responsibility yourself. Your responsibility is to set aside
sufficient time and a place where you can undertake your study of the modules, be it at home, while
you are travelling or during quiet periods at work. For optimal personal development you need to
fully engage in the learning process. Part of this is to apply your responsibility to work diligently
through the materials, thinking about what you read, reflecting on it and, where appropriate,
challenging it.
Whilst we aim to thoroughly cover the subjects addressed in the course, you may at times also wish
to consult other sources of information on the Internet or in a library in order to delve deeper into an
issue that particularly interests you. Your responsibility for your learning also extends to making use
of the on-line course forum. Here you can post a question if there is something that you do not
understand. You can read what others are asking or saying, you can add your comments to allow
others to benefit from your knowledge or you can share your own experiences of a particular issue.
However, please remember that the course forum is what you, and others on the course, make it. If
you just enter it to read other students' posts and do not contribute it will be a lonely place. Please
start by checking out the forum and introducing yourself.
Directed Learning
Go on line to the course forum and post your name, where you are, who you work for and the reason
you are interested in the subject of the course. Have a go and try it out!
Check back in a couple of days to see who else is on the course and their posts. You may even find
other participants who have common interests with you, why not contact them?
You will also get a daily email with a summary of all the posts from that day so that you will be able to
reply quickly using the emailed links provided to the forum.
Hopefully, you have taken all of the above on board. The worst thing you could do with this course is
to just read the content of each module, learn it 'parrot fashion' and then move on without further
thought or discussion with others.
A large degree of thought has gone into the chronology of the modules and their chapters the
'running order'. The chapters in these modules are akin to the chapters in a book or a story in that
they build upon each other. You will find that some subjects we introduce in the earlier modules are
then repeated or expanded upon in later chapters and modules. I would respectfully encourage you
to read them in chronological order to put you in the best position to address and absorb the key
learning outcomes. We will even give a summary of some key elements from earlier modules when
we tackle them in greater depth or from a different angle in later modules. You will have your
preferred pace of reading/study and may choose to dip in and out of the text which is your
prerogative.
One method which suits many people when studying by distance learning is to consider writing their
own brief summary of the key learning points they have taken away at the end of each major
chapter, which is sometimes called an 'elevator pitch'. Where does this term come from? Imagine
that you are travelling a few floors in a lift with your boss and s/he asked you: "What did you learn
from that last chapter of your course I saw you reading?" In the time that the lift travels between
those few floors you have to succinctly tell him/her the main points that you drew from the text.
Have a go at drafting one. Remember that whatever you produce will probably be different to that
produced by someone else on the course. This is not a problem as you will probably have a different
priority or focus on what is important to you in the chapter. Additionally, the disciplines of
summarising and prioritising are very important for people to practise.
That's the preparation and guidance for the course covered. Let's now turn our focus to the first
module which provides an introduction to marine consultancy.
1. MODULE 1: MARINE CONSULTANCY
There are many different types of marine consultancy carried out on a day-to-day basis. These are
carried out on, or associated with, the various types of vessels which ply their trades around the
world. Before carrying out any marine consultancy assignment the consultant must be familiar with
the reasons for the assignment being conducted. This involves learning about the entity for whom
the assignment is being carried out. For this reason, you will gain a basic understanding of the role of
the marine consultant and the reasons for such assignments. As there are legal implications related
to marine consultancy assignments these will be covered so that you will understand why you need
to protect yourself.
Learning Outcomes
On successfully completing this module you will be able to:
• Understand the differences between a marine surveyor and marine consultant.
• Be aware of the different types of marine consultants and their career progression.
• Be familiar with the requisite qualifications and experience to become a marine consultant.
• Understand the need for terms and conditions of service with caveats and disclaimers.
• Be aware of the possible need for professional indemnity insurance.
• Have an overview of the different types of marine consultancy.
1.1 Introduction
A consultant is defined as a professional who provides professional or expert advice in a particular
area or specialised field. A consultant is usually an expert or a professional in a specific field and has
a wide knowledge of the subject matter. The role of consultant can fall under one of two general
categories:
• Internal consultant someone who operates within an organisation but is available to be

consulted on areas of specialisation by other departments or individuals. An example is the
company lawyer who gives legal opinions to management from time to time.
• External consultant someone who is employed externally, either by a firm or some other
agency, whose expertise is provided on a temporary basis, usually for a fee. As such this type
of consultant generally engages with multiple and changing clients.
The overall impact of a consultant is that clients have access to deeper levels of expertise than would
be feasible for them to retain in-house, and may purchase only as much service from the outside
consultant as required. A consultant is engaged to fulfil a brief in terms of helping to find solutions to
specific issues but the way in which that is to be done generally falls to the consultant to decide,
within constraints such as budget and resources agreed with the client.
Figure 1.
Ship collision where the marine consultant may be called to carry out assessments of both damage
and speed and angle of blow. (Source: author’s collection)
The term 'marine consultant' tends to be too general a name for our role which is often confused
with marine biologists. This is due mainly to shipping’s lack of exposure to the general public. It is
only when there is a major incident that the press takes an interest in what we do.
There has been some debate over the years as to the difference between a marine surveyor and
marine consultant. Most agree that the role of the marine surveyor is to carry out an
inspection/survey and to issue a factual report to the client which records his findings. The
consultant may do the same but, if and when asked, will offer his advice, opinion or calculations
based on his knowledge and experience to corroborate his findings. Another difference which may
be considered is that a marine consultant is usually appointed to investigate the 'cause, nature and
extent' of damage to a vessel whilst the marine surveyor is appointed to assess the 'nature and
extent' of the damage.
Marine consultants do not grow on trees or appear from nowhere. It often takes years before one is
considered a marine consultant. We will be looking at a possible career structure for marine
consultants and some employment options.
The consultant's product is his report and opinion. An outstanding opinion can make a surveyor, a
poor one can ruin a promising career. Marine consultants' reports and opinions are legal documents
and so certain protocols and precautions must be taken when writing them. For these reasons we
will also be looking at compiling consultants’ and expert opinion reports.
For many in our profession being considered a marine consultant means that you have reached the
pinnacle of your career in the shipping industry. Accordingly, fees charged should be commensurate
with the consultant's importance to the matter in hand.
Life is a learning experience with our knowledge evolving from the experiences of others, the wise
student learning from the experiences of his elders. For this reason, the course is written to help
those thinking of becoming a marine consultant. It includes checks and balances needed to help
prevent costly mistakes and maximise fee earning.
Many become marine consultants more by accident than design. The ranks of marine surveyor and
marine consultant tend to come from those who have a great love for ships and the marine
professions but do not wish to spend the rest of their lives at sea. Becoming a marine surveyor is a
natural progression for those in the more senior ranks leaving the sea. Becoming a marine
consultant is also a natural career progression for those with superior experience and qualifications.
To conclude, there is a saying that we all learn by our mistakes or those of others. Marine
consultants, being experts, must have either made a lot of mistakes or been exposed to those of
others. Hopefully, it is the latter.
1.2 Career Progression

So where do marine consultants come from and/or how do you become one?
As with many other professions, it is necessary to have appropriate qualifications and experience
gained over many years before one may be considered a consultant by peers and clients. It is rare
for somebody with only academic qualifications to become a consultant overnight.
Figure 2.
Probable career path to marine consultant.
The above diagram shows a likely route to becoming a marine consultant within a medium-sized
marine consultancy firm. The chain of command may vary from company to company but ultimately
the marine consultant will be responsible to a senior manager or director. As the amount of work
that experts receive may be sporadic and may be offered only on a few occasions during a calendar
year the consultant may be required to return to the ranks of marine surveyor until the next
consultancy assignment is received. Whilst this might seem to be demeaning, the consultant will be
continuing to gain invaluable knowledge and experience in his chosen field. This in turn adds more
relevant experience to the consultant's CV.
A marine consultant may be called in to assist at an early stage of an incident. This will be when the
principals or lawyers realise that they are going to need specific expertise to help resolve the issues
at hand. For example, during discharge of a cargo, the owners' superintendent finds a problem of
which he has no previous experience. It is at this point that a marine cargo consultant may be called
to advise on further cargo discharge, storage and testing.
As another example, a collision takes place between two vessels during passage in the channel
entering a port. When vessels are involved in collision it is usually a result of failure to comply with
the Collision Regulations or breach of the duty to exercise good seamanship. The events leading up
to the collision must be established as far as possible.
More often than not, the facts are found to be in dispute between the parties involved. The
statements of the witnesses appear to be contradictory and impossible to reconcile, even if due
allowance is given to the difficulties in making accurate estimates of time, distances, bearings, speed
and course alterations. A closer examination of the observations made and the manoeuvres carried
out is therefore required. It is at this time that a marine consultant will be appointed by an
interested party to give an independent assessment of the speed and angle of blow. This consultant,
known as the speed and angle of assessment expert or SABA consultant, is called to investigate, carry
out necessary calculations and give an opinion. He will therefore attend on board both vessels as
soon as possible after the incident to review the evidence.
In most disputes, there will have been many months of discussions between the parties as to the
merits of their cases. Each side will have prepared their case based on their knowledge of the
particular matter. It is usually only when the parties cannot agree that an expert is called in to give
an expert opinion, sometimes years after the actual event. If the parties still cannot find a solution
the matter may proceed to arbitration or court. It is then that the expert becomes an expert witness,
giving evidence in the witness box to support his opinion (see Module 3 on expert witness work).
1.3 Qualifications
As a marine consultant it is necessary to have a significant amount of knowledge of ships and
shipping operations. For example, if you are to give an opinion on a shiphandling or navigational
matter it is essential to have been a shipmaster in command, with shiphandling experience
amounting to several years. To give an opinion on a machinery or hull failure it is advisable to have
served as chief engineer on several different types of engines and auxiliary machinery. Cargo
surveying is a large field with hundreds of types of cargo so marine consultants specialising in cargo
work may only deal with cargoes of which they have experience. A related degree in the field you
are considering will also accelerate your progression to marine consultant.
For those aiming to be marine consultants in the nautical field it will be essential to have a Class 1
Certificate of Competency as a navigating officer (CoC). However, it is also advisable to have a
degree in Naval Architecture or Nautical Studies. A Master’s degree in a related subject will almost
guarantee that you will be considered an expert provided you have the additional practical
experience. For those considering becoming cargo experts a degree in chemistry may be advisable.
Like all professions, academic qualifications combined with practical experience contribute to career
progression. An Honours degree will take four years of study. Some may consider this to be a long
time away from the profession, often living on a much reduced income. However, during their
planned career progression, particularly if they have previous professional experience at sea with a
CoC, the students may choose to return to sea during vacation periods to supplement their income,
thereby reducing financial pressures.
Whilst it may take several years to recover the lost income, prospects will be greatly improved with
the potential for far higher returns in a shoreside career. The recovery period will depend on the
rank to which you have risen at sea before coming ashore to study, the length of the course and
whether you have taken advantage of vacation work.
It can take several years to reach the rank of Captain or Chief Engineer, there being both sea time
and professional academic requirements. An officer may be required to have 3 years of sea service
before being allowed to sit for the first CoC. The requirements are different for deck officers and
engineers but it can take 10 years to get to a senior rank. The time taken may also be reduced by
getting in as much sea time as quickly as possible. This means that you could be over thirty years old
before being able to consider coming ashore to study for a degree. It is also true that it becomes
harder to study as you get older so it may be advisable to try to obtain a degree at an earlier age.
Figure 3.
Possible career progression with academic and professional qualifications.
There are several options available to obtain a degree. There is the traditional full-time study for
four years at a recognised university. Some universities have a sandwich format where the student
spends time at sea between the years of study. In this way, the student can be obtaining practical
experience and associated CoCs whilst ultimately obtaining a degree. This will take at least seven
years to achieve but gives a good balance between practical experience and qualifications. Many
marine experts and lawyers have completed their studies in this way.
Nowadays there is also the possibility of obtaining higher qualifications by distance learning. Several
universities offer distance learning degree courses which may be completed during sea service. As
the student is required to stick to a schedule, ie given a specific amount of time to complete
modules, it will take good time management and self-discipline to complete.
As the natural progression to marine consultant is via the ranks of marine surveyors, it is clearly
advisable to have obtained a qualification in marine surveying such as the Lloyd's Maritime Academy
Diploma in Marine Surveying. It is suggested that it be carried out whilst at sea so that the various
principles can be applied in practice. Doing it at this stage may also help the student to decide which
speciality to consider.
Those who enter the profession directly as marine consultants are also advised to have obtained a
qualification in marine surveying, such as the Lloyd's Maritime Academy Diploma in Marine
Surveying, as they will often be required to follow a marine surveyor in giving an opinion. They may
also be asked to give an opinion on the actions of a marine surveyor in relation to the matter in hand.
Having said this, many people have become marine consultants more by accident than by design.
Those who have joined the marine surveying profession later in life may take to a particular discipline
'like a duck to water' and accidentally become accepted marine consultants in a particular field.
1.4 Experience
Practical experience obtained at sea is invaluable. For deck officers there will be different types of
cargo and ship. If you are intending to be more of a generalist, then spending time on as many
different types of vessel with various cargoes will be beneficial. However, there are those who spend
all of their time on specific vessels and cargoes, eg tankers, who could ultimately become specialists
in tanker work.
For engineers it will be necessary to gain experience on as many different types of engine and
auxiliary machinery as possible. It is also advantageous to experience mechanical failures and
drydocking periods. With engines becoming more reliable, and time between maintenance periods
being longer, it may take longer to gain this experience.
A lot more experience is obtained in a shorter time as a marine surveyor and consultant. Marine
surveyors/consultants tend to visit different types of vessel on a frequent basis, particularly if
working in a busy marine consultancy. If there is a shortage of surveyors/consultants within a
company the surveyor may be 'thrown in at the deep end' and required to do several different types
of survey, some being outside their normal expertise. Those who are planning a career as a marine
consultant will often take more of an interest in the vessel they are visiting. As they go about their
business on board a vessel they will be observing and learning more about the vessel's construction
and operations.
There is an old saying that to gain the best experience and learn more, work for an expert for free.
As employment legislation and labour laws may prevent this, it is suggested that you accompany the
more experienced company marine consultants on assignments. In such situations, don't be afraid to
ask questions and always listen to your seniors.
1.5 Writing your Curriculum Vitae
When writing a curriculum vitae (CV) for your clients and to be accepted as a marine consultant it is
not the same as a CV written for a job application. In the latter, it is usually accepted that a one-page
summary is best to allow busy managers to get a quick picture of your qualifications and experience.
For the former, you will need to detail all your qualifications, from after your GCSEs up to the current
time. You will need to list:
• Personal details, passports held, military service, languages.

• Educational history, particularly diplomas and degrees.
• Employment history, with relevant experience to your professed expertise, more recent is
more relevant, particularly your duties as a marine surveyor/consultant.
• Membership of professional institutions.
• Awards, ie, recognition of professional organisations, etc.
• Degree subjects.
• Any teaching experience with subjects.
• Any publications.
• Vocational and professional qualifications, eg, Class 1 CoC, ISM, ISO,
• List of expert opinions.
• Other projects, consultancy and publications.
• Seminars attended and those at which you were a presenter.
• Shipboard service.
You will notice that the list contains expert opinions and no expert witness testimony. This is because
the professional organisations such as The Academy of Experts do not encourage advertising as an
expert witness. However, they accept that it is necessary to let the clients know your previous expert
opinion experience. There is also another reason. A good expert opinion should show the merits and
downsides of a case resulting in the matter being decided before going to court.
1.6 Making the Transition From Marine Surveyor To Marine Consultant

So you have built up several years of experience and expertise as a marine surveyor, how do you
become accepted as a marine consultant and an expert?
An expert is defined as having great knowledge and experience in a trade or profession. proficient
implies a thorough competence derived from training, practice and experience. However, the
dictionary goes on to state that an expert is someone widely recognised as a reliable source of
technique or skill whose faculty for judging or deciding rightly, justly, or wisely is accorded authority
and status by peers or the public in a specific well distinguished area.
Thus, to become accepted as a marine consultant and expert you will need the recognition of both
your peers and clients.
To obtain the approval of both you will need to get your profile out there. There are two ways of
doing this, the first being to personally visit all of the prospective clients and, where this is difficult, to
email your updated profile to them.
The second and less direct way of becoming accepted as an expert is to write technical articles for
professional journals and other maritime related publications. This should be followed by presenting
technical papers on the subject at conferences and seminars. This has the advantage of killing two
birds with one stone, ie, obtaining the recognition of both clients and peers.
As an example, about 25 years ago ultrasound hatch cover testing was becoming accepted by the P&I
club as a substitute for hose testing but nobody had yet checked the accuracy or suitability of the
equipment. Your author obtained the three sets which were on the market at that time and carried
out a comparison on a bulk carrier. The results were given in a paper at a NAMSGlobal conference
and an IIMS conference. The final act was to have a book published on the subject 'Hatch Covers -
Operation, Maintenance and Testing' published by Witherby Seamanship International. Your author
was then accepted as the authority on hatch cover testing and has since written several articles and
updates on the subject.
As another example, Speed and Angle of Blow Assessment (SABA) has long been one of the
recognised ways of becoming a consultant. For many years this was carried out by manual
calculation. Your author developed a spreadsheet which automates the calculations and presented
the methodology at several conferences. This was followed by writing a distance learning training
module on the subject. You author has also written a distance learning training module on the
subject.
The more sceptical amongst you will probably suggest that publishing your work is 'giving away your
seed corn'. However, it is suggested that when you present your case you should show what is
possible and not how you do it.
1.7 Generalist vs Specialist

When starting up, most marine surveyors will accept any type of work for which they have the
appropriate qualifications and experience. With more experience, they build up their expertise in
those surveys which they carry out more often than others. In time, they obtain a significant amount
of expertise and become specialists in that particular field. Whilst continuing to do other types of
survey work, the surveyor may be asked to offer an expert opinion on a particular matter. He may
then be considered to be a specialist, expert or marine consultant.
Some years ago your author attended a Christmas cocktail party given by one of the leading
admiralty law firms. On arrival I was greeted by the senior partner who welcomed me. I had not
received an appointment from them for a couple of years. He stated that he was keeping me for the
'big' jobs. I responded, asking how he expected me to survive without any work. I also suggested
that if I didn't have appropriate and sufficient experience in a matter I would not be accepted as an
expert.
This is one of the key decisions which the prospective marine consultant has to make, ie, whether to
specialise and receive only several appointments in a year or to be a generalist receiving more
general assignments.
To be able to concentrate only on one speciality the consultant must have found a niche where there
are only a few other consultants in the same field, ie, there is little or no competition. In such
situations it is also necessary to have an area of work where there is a sufficient number of incidents
to ensure that there is work out there to be had all year round.
If the above is not the case, then it will be necessary to have other work to make up the chargeable
hours each month. This may be considered as fall-back or secondary work but will basically give the
consultant a cash flow, the bigger specialist jobs being the 'icing on the cake'. For this to happen the
consultant will need to have other relevant qualifications and experience.
Geographic location and sources of work will also contribute to the decision on speciality. If you do
intend to be a bunkers expert, then you will need to be in a port with bunkering operations to build
up your reputation in this field. Clearly it is not the best decision to establish yourself as a bunkers
expert in a location remote from ports with bunkering operations.
If your first priority is geographic location then you will clearly need to do some research on the
types of vessels, cargoes and shipping operations in that location before deciding on your speciality.
1.8 Types of Marine Consultancy

For the purpose of this section we are only considering marine consultancy to be ship-related. This is
because other forms of consultancy within shipping companies may be related to legal or
management issues requiring the services of lawyers or management consultants respectively.
The UK P&I Club1 categorises claims (above US$100,000) into several major areas:
• Human error (85%) human act or omission contributing to the cause of an event
• Ship failure:
o Structural failure ship's fabric, including hatch covers.
o Mechanical failure heavy machinery failure including main engine and steering gear.
o Equipment failure non-heavy machinery failure, eg, generators, bridge equipment.
• Cargo (40%)
• Collision (10%)
• Personal injury (22%) includes crew and shoreside personnel
• Third party property (9%)
• Pollution (5%)
NOTE: The figures in parentheses give the percentage of total claims. The high human error figure is
because it contributes to most accidents in some form. The claim figure of $100,000 is relevant as it
is unlikely that a consultant would be appointed in cases involving claims less than this figure, being
more likely to be settled without litigation.
It is therefore no coincidence that these are the major areas for marine consultancy. However, we
would add:
• Fuel and bunkers.

• Risk analysis.
• Offshore oil and gas marine warranty.
The causes of accidents are further broken down into frequency of event:
• Deck officer error 25%

• Engineer officer error 2%
• Equipment failure 9%
• Mechanical failure 5%
• Pilot error 5%
• Crew error 17%
• Under-investigation 6%
• Structural failure 9%
• Shore error 9%
• Other 12%
As may be seen from the above, it is clear that the marine consultant should have relevant shipboard
experience to be able to carry out investigations relating to the above types of incident.
Marine surveyors and consultants tend to be mobile and prepared to work in most jurisdictions. The
UK P&I report also shows claims broken down by country. Labour laws often prevent a foreigner
working in a country and this reduces the prospects, eg, the USA and Japan were the highest in
claims but have stringent immigration laws. However, the Netherlands, UK and Belgium were also
high, with any resident of an EU country being able to work in these countries.
The analysis is also split into ports/countries of incident, jurisdictions, ship types, size and age. As a
consequence of the club's reports it is now accepted that more than 80% of shipping accidents are
related directly or indirectly to human error. As we will see later, this is a major issue investigated in
Marine Accident Investigation (MAI) work.
Despite being more than 20 years’ old, the UK P&I's report makes interesting reading. It is likely that
the trends reported are still representative. Those thinking of going into marine surveying and
consultancy would do well to read the report before making any decisions. It allows the prospective
consultant to make decisions based on types of accident, ports, frequency of event and sizes of
claims.
Directed Learning
From your experience, have there been times when your independence has been compromised, for
example by clients asking you to change your opinion? Share your comments on the module forum on
the Learning Management System and read what other participants have said.
1.9 The Role of Independent Marine Consultancy Companies

The clue is in the name 'independent', i.e, not dependent; free; not subject to control by others; not
relying on others; not subordinate to others.
The dictionary defines the word in more detail:
1. Not influenced or controlled by others in matters of opinion, conduct, etc.; thinking or acting
for oneself: an independent thinker.
2. Not subject to another's authority or jurisdiction; autonomous; free.
3. Not influenced by the thought or action of others.
4. Not dependent; not depending or contingent upon something else for existence, operation,
etc.
5. Not relying on another or others for aid or support.
In marine consultancy terms, item 1 above would be the most appropriate definition of the word,
particularly since an independent consultant should have no interest, pecuniary or otherwise, in the
party or parties for whom he is acting.
Nobody can satisfy all of the above requirements, particularly items 4 and 5 above. Marine survey
companies, whilst being independent of opinion, are dependent upon their clients to pay them in
order to survive.
Independent marine survey companies tend to be appointed by parties who need an honest and
objective opinion of the matter at hand. There will be times when you find issues which may not be
to the client's advantage in litigation. It is knowing how to phrase the information so as not to
offend. It is also advantageous to include this possibility in your terms and conditions of service or
independent marine consultant's employment agreement.
If you are uncomfortable with telling the truth when it may offend, then you should not be an
independent marine consultant. If you try to hide the truth or omit important information you will
be found out by the other side's experts and/or lawyers. Your credibility as an expert witness would
then be in question with your career possibly coming to an abrupt end.
1.10 Marine Consultancy as a Profession

The Oxford dictionary defines a profession as 'a paid occupation, especially one that involves
prolonged training and a formal qualification'.
Marine consultants are paid for their services. They will often say that one of the attractions of the
job is that they never stop learning. However, since there is currently no requirement for any formal
qualification, only two of the prerequisites are met in the above definition.
The main milestones which mark an occupation as a profession are:
• It is a full-time occupation.
• There are training organisations involved.
• There are local associations of the professionals.
• A national or international association has been established.
• Codes of professional ethics have been developed, are policed and enforced.
• State licensing laws are in place (only relevant to the USA).
Until recently, the majority of milestones given above were also not in place. This is due to the fact
that any seafarer could walk down a gangway, open an office with a brass plate mounted on the wall
outside and call himself a marine consultant. A certificate of competency as a deck officer or
engineer, whilst desirable, was not a recognised qualification by any other professional organisation
for corporate membership and/or chartered status with the Council of Engineering Institutions.
The Engineering Council is the UK's regulatory body for the engineering profession. It holds the
national registers of 235,000 Engineering Technicians (EngTech), Information and Communications
Technology Technicians (ICTTech), Incorporated Engineers (IEng) and Chartered Engineers (CEng).
In addition, the Engineering Council sets and maintains the internationally recognised standards of
professional competence and ethics that govern the award and retention of these titles. This ensures
that employers, government and wider society, both in the UK and overseas, can have confidence in
the knowledge, experience and commitment of professionally registered engineers and technicians.
Only by obtaining an extra chief engineer's certificate of competency could a marine engineer attain
chartered engineer status and be considered a professional engineer. This route has since been
closed.
Whilst there have been several professional associations in place for many years, it is only recently
that marine surveying organisations, institutes and associations have attempted to formalise the
career structure for marine surveyors and consultants.
Having raised questions on the professional standing of marine consultancy, below is a suggested
definition:
Marine consultancy is often closely associated with marine insurance, damage and salvage, accident
and fraud investigation as insurers generally lack the training and skills required to perform a
detailed assessment. While marine consultants are sometimes employed by insurers directly they
maintain a certain professional autonomy in order to provide an unbiased view. Independent marine
consultants are often employed by the clients of marine insurers to provide evidence in support of
damage claims made against the insurer. Insurance companies cannot require customers to use
specific marine consultants (although they often provide a list of recommended or pre-approved
marine consultants who are known to them).
Marine consultants use many credentials, letters, and terms such as 'accredited', 'certified',
'qualified', 'AMS', 'CMS', etc. There are many ways to train to become a marine consultant including
taking correspondence courses, apprenticing, or simply opening a business. However, marine
consultants pursue their profession independently of required organisations, and there is currently
no national or international licensing requirement for marine consultants. Government marine
departments do not approve or certify marine consultants, all association terms and initials
represent training and certification being endowed by private professional organisations.
It would thus appear that society in general has accepted that marine surveying and consultancy are
recognised professions.
1.11 The Role of Professional Associations

One route to being accepted as a marine consultant is to obtain recognition by one of several
professional associations. It should be pointed out that membership of such organisations is not
strictly a qualification. It is only a recognition that, at the time of the application for membership, the
candidate was considered by his peers to be suitable to join that organisation. The vetting
procedures of some professional organisations may not be thorough. Accordingly, employers relying
upon such memberships for personnel selection purposes often also carry out their own due
diligence.
A professional association may also be called a professional body, professional institute, professional
organisation, or professional society. These are usually non-profit organisations seeking to further a
particular profession, the interests of individuals engaged in that profession and in the public
interest.
The roles of these professional associations have been variously defined as:
• A group of people in a learned occupation who are entrusted with maintaining control or
oversight of the legitimate practice of the occupation.
• A body acting to safeguard the public interest.
• Bodies which represent the interests of their professional practitioners.
• Bodies which act to maintain their own privileged and powerful position as a controlling
body.
Such bodies generally strive to achieve a balance between the welfare of the public and the interests
of their members which are often conflicting mandates. Whilst professional bodies often act to
protect the public by maintaining and enforcing standards of training and ethics in their profession,
they often also act like a cartel for the members of the profession.
There are several professional organisations associated with the marine surveying profession. Whilst
there may be local and national associations, the main international organisations include:
• Association of Naval Architects & Marine Engineers Experts in Maritime Casualties, Italy,
(AIPAM).
• Australasian Institute of Marine Surveyors (AIMS), Australia.
• Dutch Institute of Registered Surveyors, Netherlands (NIVRE).
• Hellenic Marine Technical Consultants Association, Greece (HMTCA).
• International Institute of Marine Surveying (IIMS), United Kingdom.
• National Association of Marine Surveyors (NAMSGlobal), USA.
• Scandinavian Independent Marine Surveyors Association (SIMSA), Sweden.
• Society of Accredited Marine Surveyors (SAMS), USA.
• Society of Consulting Marine Engineers and Surveyors (SCMS), United Kingdom.
• Society of Naval Architects and Marine Engineers (SNAME), USA.
• The Association of Certified Marine Surveyors (ACMS), USA.
• The Association of Marine Surveyors of British Columbia (AMSBC), Canada.
• The British Association of Cargo Surveyors.
• The Federation of European Maritime Associations of Surveyors and Consultants (FEMAS).
• Union Professionnelle des Experts Maritimes, France (UPEM).
• Verband Deutscher Shiffahrtssachverstandiger, Germany (VDSS).
The two main associations associated with ships’ navigating and engineer officers, whilst keeping a
watching brief on marine surveyors, are:
The Institute of Marine Engineering, Science and Technology (IMarEST), United Kingdom.
The Nautical Institute (NI), United Kingdom.
The above two are seen as the professional organisations for marine engineers and deck officers
respectively. These tend to have limited coverage for marine surveyors but circulate important
technical information of use to our profession.
Each of the listed organisations above has different membership requirements and varying
membership fees. Contact details and this information for the above may be obtained from the
Internet.
There are three other associations listed:
• Belgian Association of Marine Technical Surveyors, Belgium (BAMTES).

• Japan Marine Surveys Association (JAMSA), Japan.
• Society of Accredited Maritime Professionals (SAMP), Australia.
However, no information is currently available on these organisations.
A new organisation, The International Association of Marine Warranty Surveyors (IAMWS), was
launched on 30 April 2013, which represents marine warranty surveyors, who also, being experts in
their fields, may be considered as marine consultants. IAMWS is up and functional with industry
negotiations in progress relating to certification. It is currently closely associated with NAMSGlobal.
Before joining such an organisation, the student is advised to do some due diligence on the
professional standing of the association, and services provided. A study of the services provided and
its results are included in 'Running a Marine Survey Company' by Mike Wall, ISBN 978-1-908663-20-
7, published by Petrospot: www.petrospot.com/books. The diagram below shows the various
professional marine surveying organisations and the services that they offer.
Figure 4. Comparison of the services offered by the various professional marine surveying
organisations.
In each of these organisations there are various tiers of membership. For example, a marine
engineering apprentice can join IMarEST as a student member, progressing through the ranks, eg,
associate member, member, fellow, during their career over several years. With the Nautical
Institute, the ranks are associate member, member, associate fellow and fellow. Many of the marine
surveying associations have similar membership grades.
It is to the marine consultant's advantage to be a member of such an organisation relevant to

experience and qualifications, eg, marine engineers joining IMarEST, deck officers joining NI, both
being able to join IIMS. Ultimately, being elected as a fellow of a professional organisation indicates
that the member has reached the pinnacle of his professional career. Whilst this might be true for
those initially entering the ranks of marine consultants, there are many out there who are not
members of such an organisation who may be considered to be successful as a result of the amount
of work they are receiving. It is a truism that it is the clients who ultimately decide whether you are
to be considered an expert in your field. Even though you may be considered an expert by your
peers they will never admit this in public as you are the competition.
The marine consultant should be aware that failure to comply with a professional association's rules
and regulations can result in disciplinary action with the ultimate sanction of being expelled. There is
often no appeal against the decisions of disciplinary committees. Whilst you may get the opportunity
to defend yourself against any allegations you may not see or hear all of the evidence against you.
Although many of the officers in such organisations have good intentions, ie, they believe that they
are advancing the aims of their organisation, there are those who are there for other, less altruistic
reasons. It should be remembered that those running such organisations may be in competition with
you.
None of the professional organisations are subject to audit from any higher authority, ie, they are a
law unto themselves and can make the rules up as they go along. It will be a question of whether
your face fits as to how far you will progress in the organisation.
There is no formal training or certification required to become an expert witness although there are
registers of expert witnesses in the UK and the USA. However, before accepting an appointment for
the first time, the marine surveyor/consultant is highly recommended to undergo appropriate
training as clients demand higher standards. Experts are also in the public eye more frequently these
days with the press jumping on expert witness shortcomings.
Several companies and organisations provide such training, including:
• Bond Solon, UK.

• La Touche Training, Eire.
• Professional Solutions, UK.
• SEAK, USA.
• The Academy of Experts, UK.
• The Expert Witness Institute, UK.
• The Institute of Arbitrators and Mediators, Australia.
For those wishing to be recognised as an expert, membership of The Academy of Experts (TAE) will
give credibility, there being a vetting process for membership.
TAE offers a comprehensive range of training programmes for Expert Witnesses and Mediators. This
enables both TAE members and others to develop their skills, and undertake Continuous Professional
Development (CPD) activity.
TAE courses include:
• Foundation course.
• Role and responsibilities of the expert.
• The expert's report.
• Going into court.
These prepare the expert witness and marine consultant for their roles, particularly that of entering
court for the first time which can be traumatic.
Many marine consultants go on to do the mediator's course as it is occasionally a useful tool. It is
unlikely that a marine consultant will be called on to carry out a mediation as this appears to have
become another function for lawyers.
Directed Learning
Direct Learning Activity: Have you ever researched the different professional marine
surveying/consultancy organisations? If so, what were your findings? Discuss on the forum.
1.12 Continuing Professional Development

CPD or Continuing Professional Education (CPE) is the means by which people maintain their
knowledge and skills related to their professional lives. It is continuing education as applied to
professional development.
Figure 5.
Typical collision sideshell damage. Note the lack of protective equipment. (Source: author’s
collection)
CPD obligations are common to most professions. Many professions define CPD as a structured
approach to learning to help ensure competence to practise, taking in knowledge, skills and practical
experience. CPD can involve any relevant learning activity, whether formal and structured or informal
and self-directed.
CPD is necessary due to the continuing changes in technology, processes and operations relating to a
profession. Those that believe that they do not need it are only fooling themselves and will
ultimately become stale in their approach. Marine consultants must be dynamic, ie, responding to
change.
All of the major professional associations have some form of CPD requirement. This may require a
number of hours involved in certain activities over a one- or two-year period to retain membership of
the organisation. CPD can involve any relevant learning activity, whether formal and structured or
informal and self-directed, eg by means of:
• Attending seminars and courses.

• Organising seminars and courses.
• Attending relevant conferences.
• Giving a presentation at a conference.
• Writing articles for marine-related publications.
• Giving a paper or presentation at conferences, seminars and courses.
• Where it is not possible to do any of the above, supplying several reports on relevant topics.
• Working on the organisation’s board or sub-committees.
With the better professional organisations marine surveyors and consultants are required to attain a
certain number of points over a set period. For example, IIMS require their members to obtain 10
CPD points in any one calendar year. As can be seen in Figure 4 above, only four of these
organisations require their members to maintain CPD.
Continually updating knowledge of the various areas of expertise is critical to a marine consultant's
credibility. Reviewing relevant publications is another way of keeping up to date, there being many
publications out there either in hard copy or on line. Articles in such publications are often written
by other consultants to expose their ideas and principles to their peers, often with the aim of
opening a debate.
1.13 Attending Conferences

Each year there are many conferences advertised in various publications relating to our industry and
some to our profession. So why are there so many conferences/exhibitions every year and why
attend them? Some in our profession say that they don't want to listen to know-alls blowing their
own trumpet, that they are a waste of time and they won't learn anything new. If this is the case,
how come there are so many, often organised by our professional institutes, and so many in other
professions? Those who make such statements tend to be the 'workers' who depend on maximising
their fee-earning hours. The irony is that the boss tends to be a regular conference delegate, often
giving some form of presentation at a conference to increase the number of clients and thereby
maximise their workers' earnings.
Those who run companies understand that there are many factors which contribute to running a
successful marine consultancy. These include technical expertise, report-writing skills, adaptability,
perseverance, initiative, etc. However, administrative skills are also required, eg, personnel
management, book-keeping, recruitment, training and marketing. The last is one of the more
important of the skills required as it is this which very often brings in the work.
There is a misconception that marketing is mostly about advertising and promotion. True, they form
part of the marketing mix, but they are only a part. Marketing may be described as 'Finding out what
your customers want and then supplying it at a profit'. Advertising tells your customers about what
you have to offer but it is only useful in so far as the product or service matches their requirements.
Marketing also involves finding out about industry trends and conferences are another way of finding
out about them, feedback questionnaires being another.
There are many different ways of marketing our services. There is cold call advertising, ie, knocking
on doors and selling our services. This often needs some form of referral or prior contact to have
some success. Circulating company profiles by mail, email or on a web page are other ways. Many
events also provide the opportunity, eg client cocktail parties, entertaining the client to lunch/dinner
and technical meetings, but these tend to be more localised forms of marketing.
Conferences place you firmly on the international map, being international forums for our services to
both clients and peers. They are attended by interested parties from all over the world. The
presenting surveyors come to reveal their ideas and research findings to their peers. The delegates
come to learn more about our profession whilst the client delegates come to find out who in our
profession is interested in promoting quality of service.
The professional institutes organise and/or attend in order to promote our profession and to market
their services. All come to network with people in their profession. Whilst there may be the
occasional 'bullshit merchant' most can see through the facade and differentiate between these and
those who are genuine in their intentions and knowledgeable in their presentations.
Ours is a practical, applied profession which often cannot be reported in words alone. Conferences
are an ideal opportunity to illustrate our work in a pictorial format. Some would suggest that by
giving a paper at an international conference you are 'selling your seed corn', ie, showing others how
to do it. To protect your interests, the paper should show what you can do and its applications, not
how you do it!
By presenting a paper at a conference you are showing that you are an expert in a particular field and
sufficiently confident of this to be able to share the information with others. If others decide to
follow in the presenter's footsteps, they will be some years behind. They will never actually catch up
with the expert who, if he continues his research and development, will always be that little bit
ahead.
Conferences also provide an excellent opportunity for networking. The coffee breaks and lunches
are designed to allow the delegates and speakers to mix and exchange views/ideas. The highlight of
any conference is usually the open forum at which all involved openly discuss and exchange
information on important issues affecting our profession. These can be lively debates which often
have to be stopped due to lack of time.
That the delegates will learn something new is certain. Some years ago your author attended the
NAMS conference in Fort Lauderdale. All papers were well-presented and relevant to our profession,
but some were outstanding in their highlighting of risk. I never knew anything about fork lifts until
the conference. Now I treat them with a different respect. A paper on risk assessment, in the office
not on board ships, also highlighted business risks.
Hearing about others' expertise and experiences can often bring new ideas for entrepreneurs. But
the key fact here is that people are prepared to share information with others which can only
improve skills and expertise, thereby improving and strengthening our profession. Most of us in this
profession tend to be entrepreneurs but need to stimulate our ideas from time to time. A relevant
conference can be invaluable in this respect.
Those who sit in offices and keep the information to themselves are not doing anybody any favours,
particularly themselves!
2. CODES OF CONDUCT AND ETHICS
2.1 Introduction
Self-regulating professions have historically used codes of conduct and codes of ethics to clarify the
responsibilities of members to those they serve and to one another. These codes play an important
role in safeguarding the professions' autonomy and in articulating standards for the profession. In
medicine, many individual medical speciality associations, including the American Academy of
Dermatology, maintain their own codes of ethics. These codes serve multiple purposes, including
setting standards for the profession, educating members on their professional obligations, and
communicating these standards to the public. They also generally provide a framework for enforcing
code violations. The effectiveness of enforcement, however, may vary because of a code's specificity
and because of limitations in sanctions available to the code's governing body.
2.2 The Development of Marine Surveying Organisation

Our professional institutions/associations have evolved into what they are today over almost a
century. In late 1919 a number of distinguished Marine Consultants in the UK considered that their
profession would benefit from the creation of an appropriate professional Society to set standards
and represent the active practitioners in the field. In March 1920, Memorandum and Articles of
Association having been agreed, the Society of Consulting Marine Engineers and Ship Surveyors
(SCMS) was legally established as a professional body.
It was intended by its founders that it should be an association of experienced and established
professionals who would be committed to the pursuit of excellence in the execution of their
professional expertise.
One of the principal objectives of the Society has been to ensure that its members should have both
the academic qualifications and the practical experience necessary for the proper execution of the
professional services they were offering, this objective being secured by requiring applicants for
membership to submit an acceptable CV, supported by three Members or Fellows of the Society
having personal knowledge of the applicants as sponsors. All applicants must be approved by the
Society's Council which is the final arbiter.
Since 1962, the National Association of Marine Surveyors, Inc. (NAMS), now known as NAMSGlobal,
has served the marine survey profession by providing the maritime industry with recognised, highly
qualified marine surveyors and consultants. NAMS members are required to maintain certification by
participation in a professional recertification scheme, which is monitored annually.
NAMS was established by eighty-four Charter Members in 1961. In 1980 NAMS introduced the
concept of the 'Certified Marine Surveyor', designated as NAMS-CMS. Entry into NAMS membership
requires an applicant to have five years’ experience as a marine surveyor and consultant, submit
work product for screening, and satisfy the screening committee with regard to character, ethics, and
conflict of interest, as well as taking the NAMS written competency examination. After admittance, a
member must obtain a minimum of six hours of continuing education credits each calendar year to
maintain the NAMS-CMS status. Members are mainly in the USA with only a few international
members. In the mid-1990s NAMS was re-branded as NAMSGlobal but is basically still the same
highly respected organisation. More recently the head office was relocated to Houston, Texas
The Australasian Institute of Marine Surveyors (AIMS) was formed in 1985 and was formally
incorporated in 1986 in Australia. Most full members have qualifications at least as Master Mariner,
Chief Engineer or equivalent in other acceptable disciplines and have at least five years’ full-time
experience in survey work. Many have over twenty-five years’ experience. Continuing professional
development is actively encouraged and an educational programme for new entrants is under active
development. Members of AIMS have different fields of expertise. Some are qualified in commercial
hull and cargo matters, while others specialise in the fields of engineering, marine insurance claims
or oils and chemicals.
The Society of Accredited Marine Surveyors (SAMS) was founded during the early part of 1987. A
carefully chosen cadre of fifty (50) Charter Members was solicited to be the foundation of the
organisation. Over the next 18 months and three national meetings, the organisation of SAMS was
put into place. The Society headquarters was moved to Jacksonville, Florida, where it continues to
provide services to its members.
SAMS is intended to be an organisation of Professional Marine Surveyors who have come together to
promote the good image and general well-being of their chosen profession. Accredited Marine
Surveyor members are surveyors who have accumulated time in the profession, and have the proven
technical skills necessary for designation as AMS. Through the Surveyor Associate programme, there
is opportunity for less experienced members to participate in SAMS and hone their skills under the
tutelage of Accredited Marine Surveyors in their local area. Affiliate members, who benefit from the
association with the Society's members, are professionals, corporations, and organisations active in
the marine field.
Accredited Marine Surveyors are expected to follow a course of continuing education to maintain
their accreditation. Members are guided by a code of ethics and are encouraged to participate in
other organisations relative to the marine field.
The Institute of Marine Engineering, Science and Technology (IMarEST) was originally founded in the
early months of 1889 by James Adamson as the Institute of Marine Engineers (IMarE). This remained
the institute's name until March 2002 when it was changed to the Institute of Marine Engineering,
Science and Technology (IMarEST) by Director-General, Keith Read. The Institute moved from being a
purely engineering-based organisation by broadening its entry requirements to bring in marine
scientists and technicians.
The Institute of Marine Engineering, Science and Technology (IMarEST) is an international

professional membership body and learned society for all marine professionals and is the first
professional Institute to adopt an all-embracing approach and recognise the need to bring together
marine engineers, scientists and technologists. Whilst it is not a professional institute purely for
marine surveyors and consultants, many are members of the organisation.
The Institute is a nominated and licensed body of the Engineering Council (UK) and a member of the
Science Council (UK). It has significant links with many organisations that benefit members, such as
the International Maritime Organization, UK Engineering and Technology Board, UK Maritime Forum
and Society of Maritime Industries. The Institute's internal committees include the Technical Affairs
Committee and Professional Affairs & Education Committee. Special interest groups include the
Small Ships Group and the Young Marine Professionals.
The Institute promotes the importance of keeping up to date with the latest advancements and
theories within marine engineering, marine science and marine technology. The IMarEST publishes
books and specialist marine journals, as well as organising conferences and seminars so that
individuals will have professional support throughout their professional life.
The International Institute of Marine Surveyors was formed in 1991 and is an independent, non-
political organisation. Membership is open to qualified mariners, cargo surveyors and other marine
consultants from any country in the world, and individuals who, with their specialist knowledge,
experience or skills, are considered to contribute to and enhance the aims and objectives of the
Institute.
Figure 5.
Collapsed bitumen drums. (Source: author’s collection)
The Institute aims to advance the reputation of International Marine Surveying and its associated
aspects by means of regular publications and public meetings.
The Academy of Experts (TAE) was founded in 1987 with the objective of providing a professional
body for experts to establish and promote high objective standards. Although there is representation
on the Academy’s Council from the legal profession the majority of the officers, including the
Chairman, are practising Experts. The Academy of Experts is run by Experts for Experts and those
using them.
All of the above organisations have some form of code of conduct/ethics. The IIMS is the youngest of
the professional organisations, established in 1991, for marine surveyors and consultants. As such, it
appears to have benefited from the knowledge and experience of those who are or were members
of the other organisations. Consequently, its aims, objectives and code of conduct are more
comprehensive and appropriate to current marine surveying and consultancy activities. It is also clear
that the disciplinary procedures have been derived from more recent experiences of its members.
To summarise:
• Codes of conduct/ethics, whilst not completely defined in some cases, appear to address
possible transgressions.
• The IIMS version is the most comprehensive.
• It is a credit to our profession that there has not been a significant need for much disciplinary
action to date.
• It could mean that the associations have the appropriate surveyors as members and
offenders are outside such organisations.
• It should be remembered that professional associations have to balance the need for action
against public perception and loss of income.
However, the lack of any disciplinary action raises several questions:
• Are all transgressions being reported?

• If they are being reported, how many are being acted upon?
• How many of our profession are members of such associations?
• Should there be compulsory membership of such organisations?
• Does the lack of disciplinary action taken reflect the number of transgressions? Or,
• Does it reflect the reluctance of members to report such transgressions?
• Should there be a reporting system for offenders outside such associations to prevent them
from becoming members?
Directed Learning
Direct Learning Activity: Have you ever been in a situation where another marine surveyor/consultant
has contravened a code of conduct? What were your feelings at this time? Think about this and
discuss on the forum with the other students.
3. TERMS AND CONDITIONS OF SERVICE
Terms and conditions of service define the relationship between the client and consultant. They may
also be considered to be a contract of employment.
The following is an example of terms and conditions of service which might be sent to a client before
accepting an assignment:
It is to be clearly understood that this opinion reflects the findings at the time of reporting.
The report will be prepared specifically for the client(s), and is for their use only but remains the
copyright of <Consultant's company name>. Copies in whole or in part should not be released to, or
consulted by, other parties without the express prior permission of <Consultant's company name>.
Whilst all due care and diligence will be exercised in the collection of data for and the preparation of
the report, <Consultant's company name> purports to provide an advisory service only, based on the
opinion and experience of the individual consultant responsible for its compilation.
<Consultant's company name> issues such advice in good faith and without prejudice nor guarantee.
Anyone wishing to rely on such opinion should first satisfy themselves as to its accuracy and
feasibility. <Consultant's company name> shall not be liable for any loss (including indirect and
consequential loss), damage, delay, loss of market, costs, expenses of whatsoever nature or kind and
however sustained or occasioned.
Notwithstanding the aforementioned, notice of a claim or suit must be made to <Consultant's

company name> in writing within 90 days of the date the services were first performed or the date
the damages were first discovered, whichever is the latter, failing which lack of notice shall constitute
an absolute bar to the claim or suit against <Consultant's company name>.
The report will comprise an opinion on the matter at hand, the opinions expressed being given in
good faith.
This report carries no warranty regarding ownership of the vessel or any warranty regarding
outstanding mortgage, charge or other debt there may be on the vessel. The opinion is personal and
confidential to our client and has no extended warranty if disposed of to a third party for any
purpose without the permission of <Consultant's company name>.
Liability will be limited to five times the surveyor's fees for the opinion.
Our invoice is payable prior to delivery of our report. Please note that our reports are the copyright
of <Consultant's company name>. If payment for our services is not forthcoming you are advised that
copyright is withheld. You may not use, copy, disseminate or action the advice and recommendations
given in the report until payment has been received at which time a release will be issued.
These standard trading terms, all agreements and disputes relating thereto, shall be governed by and
interpreted in accordance with <Jurisdiction> Law.
Legal guideline: The issue of vesting of copyright (and any other IPR which may arise in the report)
needs to be dealt with up front in the consultant’s letter of instructions/standard terms and
conditions. Under English law, the commissioning of and payment for the report by the client will not
necessarily vest copyright in the client, in fact, the default position is the opposite, ie, the surveying
company retains the copyright and the client only gets an implied licence to use it.
Procedural Requirements
If there are any unusual requirements with respect to formulating the opinion the consultant should
lay out any special procedural requirements, eg, if you need to obtain evidence or information from
other sources.
3.1 Caveats and Disclaimers

As a marine consultant you cannot escape liability for your negligence. You have a responsibility to
perform your duties with customary care. If unable to do so for good reason, you need to state in
your report that you could not complete the opinion and the reasons.
You should be aware that your client will sue you if you have provided an unsatisfactory service
which has resulted in additional costs to him. Caveats and disclaimers are used to protect the
consultant from 'frivolous' actions.
A caveat is defined as: "A warning; a note of caution". It is used to make the client aware of
particular problems which might arise. For this reason, caveats and disclaimers should be included
near the beginning of your report.
A disclaimer is generally any statement intended to specify or delimit the scope of rights and
obligations that may be exercised and enforced by parties in a legally recognised relationship. In
contrast to other terms for legally operative language, the term disclaimer usually implies situations
that involve some level of uncertainty, waiver, or risk.
A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a
contract. It may also specify warnings or expectations in order to fulfil a duty of care owed to prevent
unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages
after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may
represent a voluntary waiver of a right or obligation.
To rely on either, you will need to be able to demonstrate that they were incorporated into your
contract at the time of your appointment. It is advisable to send these to your client before the
service is carried out, together with your fee estimate or quote. The client should be asked to
confirm that they accept both before you take on the assignment, otherwise they could claim that
they did not agree to your terms and conditions of service in the event of dispute.
Listing the conditions on the reverse of an invoice, which will end up in someone’s accounts
department, is certainly not adequate. Furthermore, your report should refer to the conditions
governing it. The reference should be at the front of the report and not in print so small you’d need a
magnifying glass to read it.
Here are some guidelines:
• Specify time, place and duties carried out.

• Specify the party for whom the report was prepared and that no liability is accepted by any
other party.
• Limit your own liability, for example to the cost of re-issuing the report or five times your fee
etc. You'll have a good idea what each client will accept.
• Disclaimers should come at the beginning of the report, rather than the end. You should then
avoid any claims for inadequately incorporating the conditions.
• Refer specifically to any methods/tests and equipment used to record such results (may or
may not be relevant, depending on the service you performed).
Some examples:
“This report has been prepared specifically for ABC on (date) and is for their use only. Copies in
whole or in part should not be released to, or consulted by, other parties without the express prior
written permission of <CONSULTANT'S COMPANY NAME>. Whilst all due care and diligence has been
exercised in the collection of data for and of the preparation of this report, <CONSULTANT'S
COMPANY NAME> purports to provide an advisory service only, based on the opinion and experience
of the individual consultant responsible for its compilation. <CONSULTANT'S COMPANY NAME>
issues such advice in good faith and without prejudice nor guarantee. Anyone wishing to rely on such
opinion should first satisfy themselves as to its accuracy and feasibility. <CONSULTANT'S COMPANY
NAME> shall not be liable for any loss (including indirect and consequential loss), damage, delay, loss
of market, costs, expenses of whatsoever nature or kind and however sustained or occasioned.
Notwithstanding the aforementioned, notice of a claim or suit must be made to <CONSULTANT'S
COMPANY NAME> in writing within 90 days of the date the services were first performed or the date
the damages were first discovered, whichever is the later, failing which lack of notice shall constitute
an absolute bar to the claim or suit against <CONSULTANT'S COMPANY NAME>.”
Note that there is reference to copyright of the report in the above disclaimer. If your standard terms
and conditions state that the report will not be issued until payment has been received, then this
phrase is redundant.
3.2 Exclusion Clauses

While a summary of the law on the use and enforceability of exclusion clauses is beyond the scope of
this module, a few brief comments are warranted.
The extent to which marine consultants use exclusion clauses varies significantly from consultant to
consultant. Some consultants purport to exclude liability for all of the advice which they give,
including negligent advice, while others merely attempt to limit the scope of their work. Whatever
the scope of the exclusion clause, unless the customer is aware of the exclusion clause at the time
the contract was entered into, it may not be enforceable. This is one good reason for having terms
and conditions of service (T&Cs) which are supplied to the client with the quotation. If either is not
accepted, the consultant should not accept the assignment.
This may not be a problem for consultants who do repeat work for lawyers and underwriters who are
aware, through course of conduct, of exclusion clauses routinely placed in their opinions. Advice
should never be given orally before the written opinion is prepared.
Although exclusion clauses may protect marine consultants from liability to the party who retains
them, except in very limited circumstances, they can have no application to persons who were not a
party to the contract. For example, in the case of an action by a vessel owner for advice given by a
consultant while acting for an underwriter in a salvage operation, the consultant would have no
protection.
3.3 Appointment by the client
As with other forms of working relationship it is advisable to have some form of employment
agreement between the client and consultant. Such contracts should clearly define the relationship
between the two. The agreement should include certain responsibilities for each of the parties, eg:
• Terms of reference and scope of services.

• Rate of remuneration for the services to be performed and any expenses.
• Payment conditions.
• Maintaining timesheets and accounting records.
• Independent contractor relationship.
• Ownership of the product.
• Documents.
• Intellectual property.
• Representations.
• Confidentiality.
• Communications.
• Liability.
• Professional indemnity insurance.
• Any general or miscellaneous provisions.
• Payment of any taxes, eg withholding tax.
• Amendments to the contract.
• Termination of contract.
• Governing law.
• Mediation and arbitration clauses.
Very often the marine consultant will receive only an emailed letter of appointment briefly outlining
the scope of work with no reference to remuneration. It is in the interests of all concerned to have
such issues laid out in writing to prevent later disputes.
Figure 6.
Holed generator entablature. (Source: author’s collection)
In the event that the client does not supply an independent marine consultant's contract of
employment, the consultant may wish to have one available to send to the client. A sample contract
is attached under the appendices which may be amended as necessary to suit a particular situation.
It is essential that the consultant reads any contract supplied before signing. If you miss an
important requirement which is in dispute later, you will not have a leg to stand on. It is therefore
extremely important that the whole contract is clear to you. Very often, particularly with new
consultants, you are so excited to get the appointment that you gloss over the contract. Walk away
and come beck to it later to read it through before you sign anything
If you have any doubts about any part of an agreement, it is advisable to refer it to a lawyer. Very
often the details of the contract can be agreed to suit both parties by simple discussions.
The reader will note that there are quite stringent confidentiality requirements associated with most
contracts, intended to protect the client's interests. The reader will be well advised to read and
understand these clauses as a failure to do so and contravening them may result in disciplinary action
by your professional association. More importantly, it may result in you never receiving any further
consultancy work.
If you have supplied a contract to the client which they refuse to accept, or to supply an alternative
for your consideration, you should consider declining the assignment. The same applies to your fees,
particularly if there is no alternative consultant available to them.
The reader will also note the reference to interim invoices. This is inserted to protect the consultant
from having to bear excessive disbursements and significant fees owing. As we will see later, the
consultant has to have some form of regular cash flow.
Directed Learning
Direct Learning Activity: Does your company have terms and conditions of service, caveats and/or
disclaimers? Do they convey what they intend to, in your opinion? Find out what these are and share
on the forum.
3.4 Professional Indemnity Insurance

It is often advisable for persons supplying a professional service to have some form of professional
indemnity (PI) insurance to protect themselves. This is also known as ‘errors and omissions’
insurance in the United States. It is also a prerequisite for membership of several professional
surveying organisations, eg, IIMS. Some provide this service as part of the membership, eg,
NAMSGlobal.
Several underwriters provide this specific service at competitive rates. However, the costs can be
significant for smaller companies so membership of a professional organisation which provides such
cover is advantageous.
Underwriters who provide this service advise those who have PI insurance not to reveal the
information to clients as it is akin to painting a bullseye on your back.
Figure 7.
Skewed propeller with semi-balanced rudder. (Source: author’s collection)
3.5 Limiting Liability

Marine consultants have other options open to them to limit liability. One way is to set up your
company as a limited liability company. The nomenclature for such companies varies around the
world but the operating and legal principles adopted in establishing this type of company are
generally very similar.
A limited company is a corporation with shareholders whose liability is limited by shares (Ltd), which
is the most common form of privately held company. Setting up as a limited company is an attractive
option for many people as, unlike sole traders, personal assets are completely distinct from company
finances. Some countries insist on there being two or more shareholders whereas others allow single
shareholders.
If your company is a limited liability company, it should be shown on all company documents,
including your reports, eg, Company Name Ltd, Company Name LLC, etc. Examples are given in the
appendices.
3.6 Copyright Issues
Copyright is a form of intellectual property that gives the author of an original work exclusive rights
for a certain time period in relation to that work, including its publication, distribution and
adaptation, after which time the work is said to enter the public domain. Copyright applies to any
expressible form of an idea or information that is substantive and discrete and fixed in a medium.
Some jurisdictions also recognise "moral rights" of the creator of a work, such as the right to be
credited for the work. Copyright is described under the umbrella term intellectual property along
with patents and trademarks.
If somebody uses your work for profit without your permission, they can be sued for damages. If they
use your work with your approval they will also need your permission to make any changes.
By writing technical articles you show whether or not you know your subject. If you are writing
articles for general publication it is often advisable to include a proviso relating to amendments when
you send your work in to the editor. Very often they will take your piece and change it to suit their
purposes. In some cases, it will make your article unrecognisable from the original.
You should also insist that they acknowledge your work by adding your name. If you wish to use your
writing to advertise your company, then you should add your company name at the bottom of the
article when submitting it and insist that it is included. If they refuse to do so, you have the choice to
withdraw the article from publication. If you work for somebody else, you will often need to get their
permission to have an article published or you will need to add a disclaimer such as:
"The views expressed in this article are those of the author and not necessarily those of
<CONSULTANT'S COMPANY NAME>."
Layout and format are not subject to copyright laws, only the report content. Consequently, any of
the layouts you see in this course may be used by the reader without the need for the author's
permission.
You will note that the following words appear in the section on 'Terms and Conditions' above:
These standard trading terms, all agreements and disputes relating thereto, shall be governed by and
interpreted in accordance with <Country> Law. Please note that copyright remains with
<CONSULTANT'S COMPANY NAME>. No part of our report may be disseminated until such time as our
invoice is paid in full.©"
Note the © copyright mark. Whilst copyright is implied, if you wish to advertise the copyright for a
specific purpose it is advisable to use the appropriate mark. In the above case it is used as a tool to
get the client to pay the invoice. They will be unable to use the contents of the report until they have
done so. On payment of the invoice the copyright is transferred to the client. However, photographs
remain the property of the marine consultant.
As this module is published in the United Kingdom, the author's statements are subject to United
Kingdom copyright law.
4. SUMMARY
In this module we have introduced you to the course content and structure with some tips on
studying.
As to the subject content, we have briefly introduced marine consultancy as a profession and the
usual routes to becoming a marine consultant. You also learned about the product, qualifications
and experience required. The important issues of appointment and protecting yourself by limiting
your liability have also been covered.
In the next module we will focus on the types of marine consultancy. You will also learn about the
role of the marine consultant, types of evidence and protocols.
Online Assessment
When you are ready, please go online to complete the online assessment for this module. If you don’t
achieve at least 70%, you may revise the module and attempt the test again to improve your score.
5. REFERENCES
Analysis of Major Claims (1993) Ten year trends in Maritime Risk, UK P&I Club
6. APPENDIX 1 - IIMS Code of Conduct
NOTE: These codes of conduct are updated and amended from time to time so this version may not
be current at the time of going to press. However, the content and principles still apply.
International Institute of Marine Surveying (IIMS)
The Institute's Aims:
1. To promote professionalism and the advancement of knowledge in the profession of Marine

Surveying, which the Institute defines as being, 'the service provided to maritime and transport
organisations in general and the production of guidance reports for all other bodies connected
with maritime operations or maritime trade'.
2. To maintain high professional standards decreed in a Code of Conduct and to verify the
competence of those seeking to become members of the Institute.
3. To seek recognition from Government Organisations, Coast guards, the International Maritime
Organisation, licensed marine underwriters, insurance companies, ship owners and marine
lawyers.
4. To put into practice the high standards of the Institute and consequently, to exclude certain
surveyors or those whose conduct or competence could cast discredit on the Institute.
5. To confer professional status on those who contribute to and encourage safety,

professionalism and unity amongst those concerned with the shipment of cargo, Marine
Surveying, Marine Superintendency and Marine Consulting.
6. To bring together experts whose specialised knowledge and practical expertise will enhance
the reputation of Marine Surveyors and Marine Consultants.
7. To organise and evaluate the training of future Marine Surveyors.
Code of conduct
The Basic Principles are:
A. Professionalism: A Member must have a sound foundation in the general

knowledge of his profession in addition to appropriate
and adequate experience. He must keep up to date in
his technical training and knowledge.
B Objectivity: A Member must adopt an impartial and objective

approach in all aspects of his Marine Surveying work.
C. Independence: A Member will be independent of the client

commissioning the survey
D. Integrity: A Member will:
- not be influenced by outside pressures
- seek to reach agreements based on objective conclusions
- not make personal or illegal profit from the sale of damaged goods or materials etc.
E. Client Relations:
A Member will:
- never bias or modify his professional opinions for personal gain or in response to any
form of pressure from whatever source
- will obtain from a principal clear Terms of reference and confine his report to the agreed
Terms
- only undertake to carry out assignments for which he is properly qualified
- only recommend an alternative surveyor who is fully qualified for a particular assignment
- accept arbitration when all parties involved agree to this method of solving disputes
- recognise that his first duty is to his client’s instructions and endeavour to sustain an
open relationship with a client whilst, at all times, observing professional integrity
F. Professional Relations:
A Member will:
- cooperate with colleagues to achieve a complete and objective survey.
- not allow agreements reached by a surveyor in charge of a case to be modified by the

direction of any organisation to which he belongs.
- not criticise a fellow surveyor or colleague to third parties.
- ensure strict confidentiality over information received from third parties who are not
involved with the case in hand.
- not carry out free surveys but negotiate fees which seek to achieve full cost recovery.
- discuss with other attending surveyors any contradictory statements or differences of

opinion before issuing a final report.
G. Standards: Where recognised international, national or local authority standards exist for any
type of survey, then these standards shall always be observed. Any variance from these
standards together with the surveyors’ reasons for such variance, are to be fully recorded in
the survey and the principal's agreement obtained.
H. Non-Compliance: A Member will bring to the attention of the Institute instances where this
Code of Conduct is not being observed by members of the Institute.
I. Personal Conduct: A Member will not practise during a period when his judgement is or might
be impaired through any cause and will endeavour to avoid actions which lead to the discredit
of the Institute, Marine Surveyors and his own professional reputation.
Relationship Between the Code of Conduct and Membership of the Institute
When the Institute is informed of a Member's non-compliance with the Code of Conduct this will be
investigated under the Institute's 'Disciplinary Procedures' and the Member given the opportunity to
offer a defence or appeal. Depending on the extent of non-compliance, a Member may have his
membership suspended or permanently withdrawn. Minor failures may be dealt with by written
warnings, however, repeated minor non-compliance can be considered grounds for suspension or
expulsion from the Institute.
Complaints and disciplinary procedure
Introduction
It is the purpose of this document to clearly define how a complaint about a member should be dealt
with by the Institute.
The 'Procedures' shall be the Disciplinary Procedure for Complaints Against a Member attached
hereto.
These Procedures must be applied subject to any terms and conditions or contractual commitments
agreed with a client or within the existing laws of a country having jurisdiction. In the absence
thereof English law is to prevail in all matters.
Complaints must be submitted in writing and marked confidential. Complainants must be advised
accordingly. A letter of acknowledgement will be sent to the complainant. Complaints by telephone
will not be accepted.
On receipt of a complaint, the Chief Executive Officer (CEO) will advise the President and Chairman of
the Disciplinary Panel of the details of the complaint. The Vice President will act in the President's
absence or in the case of a complaint against the President.
The Chief Executive Officer (CEO) will take the necessary administrative action.
The CEO of the Institute will be responsible for ensuring these Procedures are followed. Absolute
confidentiality is to be maintained at all times. The CEO is responsible for the interpretation of these
procedures and his decision will be binding.
These Procedures may be amended by the Management Council when required.
Disciplinary Procedure for Complaints Against a Member
Stage One
On receipt of documentation outlining a complaint against a member, the CEO will contact the
member concerned in writing. The CEO will forward a copy of the complaint requesting a response
within fourteen working days.
Stage Two
When the CEO has received the response from the member concerned, the documentation will be
reviewed and any points clarified as necessary. The CEO will then contact the Chairman of the
Disciplinary Panel who will select two members of the Management Council (or if required Institute
Members who have specialist skills) who will form the Disciplinary Panel.
Stage Three
The CEO will forward copies of the documentation to the Panel for their review. The Panel will advise
the CEO independently if they consider that there is a case to answer. The CEO is to take account of
the votes of the Panel and take the following action:
a. If the Panel vote, that there is a case to answer, the CEO is to move to Stage Four.
b. If the Panel vote that there is no case to answer, the CEO is to communicate the decision to the
member and the Complainant. The President is to be advised of the decision.
The votes cast and the documentation reviewed are to be recorded and archived.
Stage Four
When the Disciplinary Panel decides that there is a case to answer, the CEO is to notify the member
that he/she is required to attend on an agreed date. The CEO will also advise the Complainant that
they may attend if they wish and the member is to be advised of this fact. The meeting is to take
place as soon as possible after the completion of Stage Three.
The member will have the right, not discounting any other rights he may have, of appearing in person
before the Disciplinary panel. He may if he wishes be represented at this hearing by a professional
advocate in which case he must also attend in person.
In the event the member fails to reply to correspondence or fails to communicate with the CEO, the
Panel may decide, at their discretion, to deal with the matter in the member's absence. In this
instance a recorded delivery letter must be sent to the member's last known address advising him of
this and when and where the hearing will take place.
Stage Five
The Disciplinary Panel will review all the evidence before it and may hear submissions by both the
member and the Complainant. The Disciplinary Panel has the authority to make the following
decisions:
a. Delay a decision until additional information or evidence is available.
b. Decide that there is common ground between the parties concerned and offer an avenue for
arbitration. The Institute can assist with this.
(i) If the arbitration is agreed. The Disciplinary Panel will await the outcome of the
arbitration before deciding on any action to take.
(ii) If arbitration is not agreed, the Disciplinary Panel may then make a decision based upon
the evidence before it.
c. Where the Disciplinary Panel decides that the member is at fault, they may deal with the
member in the following manner:
(i) The member may receive a verbal or written warning as to his future conduct.
(ii) In addition to (i) above, the membership status of the member may be varied, ie reduced
from Full Member to Associate, or conditions imposed upon his continuing membership,
eg retraining, supervision etc.
(iii) The member may be expelled from the Institute. In this event the member would be
immediately suspended pending ratification by the Full Management Council.
N.B. When a punishment is decided, the penalty may have a time period attached. eg Reduction to
Associate Member for a period of six months or reduced to Associate Member until they have
undertaken a course or period of re-training.
Stage Six
Following the Disciplinary hearing, all documentation is confidential and the CEO is to take the
following actions:
a) Notify the member and the Complainant of the decision of the Disciplinary Panel.
b) Ensure that the necessary Administration actions are taken.
c) Advise the President of the outcome.
Complaints Against the Institute
The President will deal with any complaints against the Institute directly.
The President will take such action as may be required responding to the complainant, sending
copies to the CEO for attention.
7. APPENDIX 2 - SPECIMEN INDEPENDENT MARINE CONSULTANT’S
EMPLOYMENT AGREEMENT
Independent Consultant Agreement
This Independent Consultant Agreement ('Agreement') is made and entered into by the undersigned
parties: [CLIENT] (known as the [Client]) and [CONSULTANT] (known as the 'Consultant').
In consideration of the promises, rights and obligations set forth below, the parties hereby agree as
follows:
1. Term
The term of this Agreement shall begin on [Date] and continue until [Date], unless terminated earlier
as set forth in this Agreement. The term of this Agreement may be extended by mutual agreement
between the parties.
2. Services
The Consultant will provide the following services:
[Description of Services]
The Consultant shall take direction from [Contact Person]. Additional services or amendments to the
services described above may be agreed upon between the parties.
3. Remuneration
Subject to providing the services as outlined above, the Consultant will be paid the sum of US$XX
upon completion of the services, plus GST/VAT (where payable). The Company will be invoiced upon
completion of the services, with payment due within XX business days of receipt of the invoice.
However, should out of pocket expenses exceed [US$ amount] the Consultant will be allowed to
submit interim invoices as required.
4. Relationship
The Consultant will provide the Consultant’s services to the Company as an independent contractor
and not as an employee.
Accordingly:
• The Consultant agrees that the Company shall have no liability or responsibility for the
withholding, collection or payment of any taxes, employment insurance premiums or
State Pension Plan contributions on any amounts paid by the Company to the Consultant
or amounts paid by the Consultant to its employees or contractors. The Consultant also
agrees to indemnify the Company from any and all claims in respect to the Company’s
failure to withhold and/or remit any taxes, employment insurance premiums or State
Pension Plan contributions.
• The Consultant agrees that as an independent contractor, the Consultant will not be
qualified to participate in or to receive any employee benefits that the Company may
extend to its employees.
• The Consultant is free to provide services to other clients, so long as such other clients
are not in competition with the Company and so long as there is no interference with the
Consultant’s contractual obligations to the Company.
• The Consultant has no authority to and will not exercise or hold itself out as having any
authority to enter into or conclude any contract or to undertake any commitment or
obligation for, in the name of or on behalf of the Company.
5. Confidentiality and Intellectual Property
5.1 The Consultant hereby acknowledges that it has read and agrees to be bound by the terms
and conditions of the Company’s confidentiality and proprietary information agreement attached
hereto as Schedule A and which forms an integral part of this Agreement. If the Consultant retains
any employees or contractors of his/her own who will perform services hereunder, the Consultant
shall ensure that such employees or contractors execute an agreement no less protective of the
Company’s intellectual property and confidential information than the attached agreement.
5.2 The Consultant hereby represents and warrants to the Company that it is not party to any
written or oral agreement with any third party that would restrict its ability to enter into this
Agreement or the Confidentiality and Proprietary Information Agreement or to perform the
Consultant’s obligations hereunder and that the Consultant will not, by providing services to the
Company, breach any non-disclosure, proprietary rights, non-competition, non-solicitation or other
covenant in favour of any third party.
5.3 The Consultant hereby agrees that, during the term of this Agreement and for one (1) year
following the termination hereof, the Consultant will not (i) recruit, attempt to recruit or directly or
indirectly participate in the recruitment of any Company employee or (ii) directly or indirectly solicit,
attempt to solicit, canvass or interfere with any customer or supplier of the Company in a manner
that conflicts with or interferes in the business of the Company as conducted with such customer or
supplier.
6. Termination
6.1 The independent contractor relationship contemplated by this Agreement is to conclude on

[Date] (unless terminated earlier as set forth below) or on completion of the assignment. The
Consultant agrees that no additional advance notice or fees in lieu of notice are required in the event
the relationship terminates on [Date].
6.2 The Consultant agrees that the Company may terminate this Agreement at any time without
notice or any further payment if the Consultant is in breach of any of the terms of this Agreement.
6.3 The Company may terminate this Agreement at any time at its sole discretion, upon
providing to the Consultant XX calendar days advance written notice of its intention to do so or
payment of fees in lieu thereof.
6.4 The Consultant may terminate this Agreement at any time at its sole discretion upon
providing to the Company XX calendar days’ notice of Consultant’s intention to do so. Upon receipt
of such notice the Company may waive notice in which event this Agreement shall terminate
immediately.
7. Obligations Surviving Termination of this Agreement
7.1 All obligations to preserve the Company’s Confidential Information, Intellectual Property and
other warranties and representations set forth herein shall survive the termination of this
Agreement.
8. Entire Agreement
8.1 This Agreement, together with the Confidentiality and Proprietary Information Agreement,
represents the entire agreement between the parties and the provisions of this Agreement shall
supersede all prior oral and written commitments, contracts and understandings with respect to the
subject matter of this Agreement. This Agreement may be amended only by mutual written
agreement of the party.
9. Assignment
9.1 This Agreement shall inure to the benefit of and shall be binding upon each party’s
successors and assigns. Neither party shall assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party.
10. Governing Law and Principles of Construction.
10.1 This Agreement shall be governed and construed in accordance with Ontario law. If any
provision in this Agreement is declared illegal or unenforceable, the provision will become void,
leaving the remainder of this Agreement in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorised representatives, effective as of the day and year first above written.
COMPANY REPRESENTATIVE CONTRACTOR
By: By:
[Client]: [Consultant]:
Date: Date:
Schedule A
CONFIDENTIALITY AND PROPRIETARY INFORMATION AGREEMENT
In consideration of engagement as an independent contractor or consultant with [Client] the

undersigned consultant agrees and covenants as follows:
1. Engagement with the Company as an independent contractor or consultant will give the
Consultant access to proprietary and confidential information belonging to the Company, its
customers, its suppliers and others (the proprietary and confidential information is
collectively referred to in this Agreement as 'Confidential Information'. Confidential
Information includes but is not limited to customer lists, marketing plans, proposals,
contracts, technical and/or financial information, databases, software and know-how. All
Confidential Information remains the confidential and proprietary information of the
Company.
2. As referred to herein, the 'Business of the Company' shall relate to the business of the
Company as the same is determined by the Board of Directors of the Company from time to
time.
3. The Consultant may in the course of the Consultant’s Engagement with the Company
conceive, develop or contribute to material or information related to the Business of the
Company, including, without limitation, software, technical documentation, ideas, inventions
(whether or not patentable), hardware, know-how, marketing plans, designs, techniques,
documentation and records, regardless of the form or media, if any, on which such is stored
(referred to in this Agreement as 'Proprietary Property'.
The Company shall exclusively own, and the Consultant does hereby assign to the Company, all
Proprietary Property which the Consultant conceives, develops or contributes to in the course of the
Consultant’s Engagement with the Company and all intellectual and industrial property and other
rights of any kind in or relating to the Proprietary Property, including but not limited to all copyright,
patent, trade secret and trade-mark rights in or relating to the Proprietary Property. Material or
information conceived, developed or contributed to by the Consultant outside work hours on the
Company’s premises or through the use of the Company’s property and/or assets shall also be
Proprietary Property and be governed by this Agreement if such material or information relates to
the Business of the Company. The Consultant shall keep full and accurate records accessible at all
times to the Company relating to all Proprietary Property and shall promptly disclose and deliver to
the Company all Proprietary Property.
1. The Consultant shall, both during and after the Consultant’s Engagement with the Company,
keep all Confidential Information and Proprietary Property confidential and shall not use any
of it except for the purpose of carrying out authorised activities on behalf of the Company.
The Consultant may, however, use or disclose Confidential Information which:
a. is or becomes public other than through a breach of this Agreement;

b. is known to the Consultant prior to the date of this Agreement and with respect to
which the Consultant does not have any obligation of confidentiality; or
c. is required to be disclosed by law, whether under an order of a court or government
tribunal or other legal process, provided that Consultant informs the Company of
such requirement in sufficient time to allow the Company to avoid such disclosure by
the Consultant.
2. The Consultant shall return or destroy, as directed by the Company, Confidential

Information, Proprietary Property and any other Company property to the Company upon
request by the Company at any time. The Consultant shall certify, by way of affidavit or
statutory declaration, that all such Confidential Information, Proprietary Property or
Company property has been returned or destroyed, as applicable.
3. The Consultant covenants and agrees not to make any unauthorised use whatsoever of or to
bring onto the Company’s premises for the purpose of making any unauthorised use
whatsoever of any trade secrets, confidential information or proprietary property of any
third party, including without limitation any trade-marks or copyrighted materials, during the
course of the Consultant’s Engagement with the Company.
1. At the reasonable request and at the sole expense of the Company, the Consultant shall do
all reasonable acts necessary and sign all reasonable documentation necessary in order to
ensure the Company’s ownership of the Proprietary Property, the Company property and all
intellectual and industrial property rights and other rights in the same, including but not
limited to providing to the Company written assignments of all rights to the Company and
any other documents required to enable the Company to document rights to and/or register
patents, copyrights, trade-marks, industrial designs and such other protections as the
Company considers advisable anywhere in the world.
2. The Consultant hereby irrevocably and unconditionally waives all moral rights the Consultant
may now or in the future have in any Proprietary Property.
3. The Consultant agrees that the Consultant will, if requested from time to time by the
Company, execute such further reasonable agreements as to confidentiality and proprietary
rights as the Company’s customers or suppliers reasonably require to protect confidential
information or proprietary property.
4. Regardless of any changes in position, fees or otherwise, including, without limitation,

termination of the Consultant’s Engagement with the Company, unless otherwise stipulated
pursuant to the terms hereof, the Consultant will continue to be subject to each of the terms
and conditions of this Agreement and any other(s) executed pursuant to the preceding
paragraph.
5. The Consultant agrees that the Consultant’s sole and exclusive remedy for any breach by the
Company of this Agreement will be limited to monetary damages and in case of any breach
by the Company of this Agreement or any other Agreement between the Consultant and the
Company, the Consultant will not make any claim in respect of any rights to or interest in any
Confidential Information or Proprietary Property.
6. The Consultant acknowledges that the services provided by the Consultant to the Company
under this Agreement are unique. The Consultant further agrees that irreparable harm will
be suffered by the Company in the event of the Consultant’s breach or threatened breach of
any of his or her obligations under this Agreement, and that the Company will be entitled to
seek, in addition to any other rights and remedies that it may have at law or equity, a
temporary or permanent injunction restraining the Consultant from engaging in or
continuing any such breach hereof. Any claims asserted by the Consultant against the
Company shall not constitute a defence in any injunction action, application or motion
brought against the Consultant by the Company.
7. This Agreement is governed by the laws of the [Jurisdiction] and the parties agree to the non-
exclusive jurisdiction of the courts of the [Jurisdiction] in relation to this Agreement.
8. In the event of any dispute arising out of or in connection with the present contract, the
parties agree in the first instance to discuss and consider referring the dispute to Mediation.
9. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or

unenforceable, that provision shall be deleted and the other provisions shall remain in effect.
IN WITNESS WHEREOF the Company and the Consultant have caused this Agreement to be executed
as of [Date]
CLIENT CONSULTANT
By: [Client's representative] [Consultant]
Date: Date:
© Copyright IIR Limited 2018. All rights reserved.
These materials are protected by international copyright laws. This manual is only for the use of course participants undertaking this
course. Unauthorised use, distribution, reproduction or copying of these materials either in whole or in part, in any shape or form or by any
means electronically, mechanically, by photocopying, recording or otherwise, including, without limitation, using the manual for any
commercial purpose whatsoever is strictly forbidden without prior written consent of IIR Limited.
This manual shall not affect the legal relationship or liability of IIR Limited with, or to, any third party and neither shall such third party be
entitled to rely upon it. All information and content in this manual is provided on an “as is” basis and you assume total responsibility and
risk for your use of such information and content. IIR Limited shall have no liability for technical errors, editorial errors or omissions in this
manual; nor any damage including but not limited to direct, punitive, incidental or consequential damages resulting from or arising out of
its use.
Lloyd's and the Lloyd's Crest are the registered trademarks of the Society incorporated by the Lloyd's Act 1871 by the name of Lloyd's.

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CERTIFICATE IN MARINE

Expert opinions have included:

He is a Fellow of IMarEST, Chartered Marine Technologist Marine Techologist. As a qualified dispute

Module 1 - Marine Consultancy: An Introduction

• What is a marine consultant? When are they needed?

Module 2 - Types of Marine Consultancy

• Examples of marine consultancy assignments.

Module 3 - Expert Witness Work

• Opinion vs expert opinion.

Module 4 - Marine Accident Investigation

• Managing a marine accident investigation.

Module 5 - Working with Specialists and Lawyers

• Understanding role of specialist.

Module 6 - Report Writing and Consultancy

• For whom are you writing the report?

Module 7 - Business Practices and Development

• Setting up business as a marine consultant.

• Setting your fees.

• Internal consultant someone who operates within an organisation but is available to be

1.2 Career Progression

• Personal details, passports held, military service, languages.

1.6 Making the Transition From Marine Surveyor To Marine Consultant

1.7 Generalist vs Specialist

1.8 Types of Marine Consultancy

• Fuel and bunkers.

• Deck officer error 25%

1.9 The Role of Independent Marine Consultancy Companies

The dictionary defines the word in more detail:

1.10 Marine Consultancy as a Profession

The main milestones which mark an occupation as a profession are:

1.11 The Role of Professional Associations

There are three other associations listed:

• Belgian Association of Marine Technical Surveyors, Belgium (BAMTES).

However, no information is currently available on these organisations.

It is to the marine consultant's advantage to be a member of such an organisation relevant to

Several companies and organisations provide such training, including:

• Bond Solon, UK.

TAE courses include:

1.12 Continuing Professional Development

• Attending seminars and courses.

1.13 Attending Conferences

2.2 The Development of Marine Surveying Organisation

The Institute of Marine Engineering, Science and Technology (IMarEST) is an international

However, the lack of any disciplinary action raises several questions:

• Are all transgressions being reported?

Notwithstanding the aforementioned, notice of a claim or suit must be made to <Consultant's

3.1 Caveats and Disclaimers

Here are some guidelines:

• Specify time, place and duties carried out.

3.2 Exclusion Clauses

• Terms of reference and scope of services.

3.4 Professional Indemnity Insurance

3.5 Limiting Liability

International Institute of Marine Surveying (IIMS)

The Institute's Aims:

1. To promote professionalism and the advancement of knowledge in the profession of Marine

5. To confer professional status on those who contribute to and encourage safety,

7. To organise and evaluate the training of future Marine Surveyors.

The Basic Principles are:

A. Professionalism: A Member must have a sound foundation in the general

B Objectivity: A Member must adopt an impartial and objective

C. Independence: A Member will be independent of the client

D. Integrity: A Member will:

- not be influenced by outside pressures