The New Grand Manan Ferry Departed the Nova Dock this afternoon, and performed a few hours of trials in the basin before departing for Blacks Harbour NB. The new ferry was put into service, and quickly withdrawn after problems developed.
Shes Tied up at Shelbourn ship repair, waiting for Lawers to sort things out.
First Some Background.
ISI finished construction of the Vessel in April 2009, conducted dock–and–sea trials,
and on May 6, 2009 gave Pearl Seas written notice of completion of the trial run. During Consrtuction there were several changes made to the vessel design, and these were likely the source, at least in part, of the construction Delays. On May 9 Pearl Seas rejected the Vessel, aruging it is not compliant with the contract, that “would materially interfere with the operation of the Vessel.
The Contract contained an Arbitration Clause. During and after construction of the Vessel, Irving Shipbuilding and Pearl Seas repeatedly disagreed about the terms of the Contract and each other’s performance. They convened an arbitral panel to which they have submitted their numerous disputes. Perl Seas have sited several issues, including Late Delivery and deficencies (70 issues were identified, 17 of which were “[t]he most serious defects.”) including cosmetic or minor construction defects, failure to install certain Contract items, excessive noise and vibration (of HVAC), and failure to install shower stalls. As well, The Flag State Determined that the condition of ‘Pearl Mist’ is not to a standard acceptable for registration, and Pearl Seas argued the vessel was not in complicance with USCG Regulations. For these reasons, Pearl seas Terminiated the contract.
Irving Shipbuilding argued it was not in default because none of the non–regulatory defects rose to the level of a failure to perform a material requirement
of the contract, and that USCG requires that the owner of a ship must be part of the certification process, and that the “vessel must be crewed, in order to carry out the Training and Drills tests”
The arbitrator agreed with Irving, and and Pearl Seas Sued Irving in Connecticut Court to dismiss the arbitrators Verdict. In both cases the Case was dismissed. So Where does this Leave the Pearl Mist? Likely In the Arbitation Panels hands. At this point it appears that Pearl Seas will be held to the contract – though will likely recive some compensation for the deficencies (which is capped at 2 million dollars or so)
For the Rullings, See:
http://02ec4c5.netsolhost.com/blog/wp-content/uploads/2011/04/Pearl-Seas-2.9.11.pdf
http://docs.justia.com/cases/federal/district-courts/connecticut/ctdce/3:2010cv01294/90364/51/0.pdf?1297340424
Todays Cruise ships featured Norwegian Jewel and Explorer of the Seas. Tomorrow is an off day, With RCCL’s Jewel of the Seas due on the 22end
SE Potentia Finishing unload wind turbine parts.
Gulf Spray removing garbage from the Cruise ships.
London Express Departing. in a fairly rare occurrence, OOCL New York Anchored in the basin this morning until she could clear the pier.
Tanker Afrodite at anchor – she is scheduled to move to IOL Later this afternoon.
Russian Research vessel AKADEMIK IOFFE at pier 27.
The Sailing Yacht Pangaea put in to Halifax to ride out the Oncoming Hurricane Maria.
She Is Captained By Mike Horn, Who is leading the Pangaea Expedition on a 4 year Journey around the world. The 30m vessel was built out of Aluminum in Brazil, and has 30 births.
Find out more @ http://www.mikehorn.com/en/pangaea/
HMCS Kingston arrived back at the dockyard, Looking freshly painted and stripped of kit (which is normal practice before sending the ship for work).
Commissioned by The French Government in October 1997 for Fisheries Patrol off St. Pierre and Miquelon, PSP Fulmar was perfectly suited for the task, as she started he life as F/V Jonathan Dunkirk a fishing vessel Built in 1991.
She is Tied up at the Maritime Museum Wharf, and will be open for guided tours, Saturday and Sunday between 1400 and 1700.
To see her in her former life – See http://www.bateaux-fecamp.fr/article-fulmar-p-740-64559475.html and Scroll to the bottom of the page.
After Last weekends visit of USCGC Jefferson Island (WPB-1340) (Sorry for the lack of coverage, I was out of town) This weekend brings us a visit of USCGC Willow (WLB-202) a 225′ Juniper Class Sea-going Buoy Tender based out of Newport RI.
She arrived this morning, and is tying up at the dockyard.
Holland America’s Eurodamm makes her first stop in Halifax today, and is birthed at Pier 20.Halifax regular and Eurodam sister ship Maasdam is also in Port Today, and is tied up at Pier 31, well within halterm – presumably due to space constraints at pier 24. Aida Aura (See yesterdays post) is a much smaller ship.
Carnival Glory (Another Regular has the berth at Pier 22
