To date, more than 5,000 copies distributed. The comments and reviews are excellent for “TEN GOLDEN RULES FOR SUCCESSFUL NEW BUILD PROJECTS" Here is a sampling —
From Douglas Sharp (Douglas Sharp Yacht Design, Inc., San Diego, CA, USA):
“I read your e-book with great interest, and appreciate you sending it to me. The school of hard knocks has certainly taught us many of the lessons alluded to in your book, and I heartily agree with your conclusions and advice… Our industry needs to pay attention to hard won accumulated experience.”
From Stephen Moon (Board Certified Admiralty and Maritime Law Specialist, Stephen M. Moon, P.A., Cocoa, FL, USA):
“Your e-book is excellent. I should have been doing a lot of other things this morning but I could not resist reading the e-book as soon as I had a break… Your remarks are very insightful and will be appreciated by many. I have a much better understanding of the events leading up to the actual build process and the important issues to consider before construction now. Your e-book is a quick, must read for anyone involved in a new build project or major refit.”
From Harry Jorgenson, (Jorgensen Marine Ltd, Atatu, Auckland,.NZ):
“Having been involved with large yacht building since the late 70s in varying roles I understand your 10 Golden Rules better than most. It is the most sensible advice that I have read for some time and should be essential reading for all involved.”
From Diane M. Byrne (Editor, Megayacht News, www.megayachtnews.com):
“I've just finished reading your eBook, and it contains sage advice for owners and their team of advisers.”
From Kenny Wooton (Editor-in-Chief, Yachts International magazine):
“Each “rule” is explored in clear, concise prose easily accessible to non-experts.”
My sincere thanks and genuine appreciation goes out to all who have taken the time to read the eBook and send their comments. .
For your FREE copy of TEN GOLDEN RULES FOR SUCCESSFUL NEW BUILD PROJECTS, email Phil@YachtBuildAdvisor.com, and insert “eBook” on the subject line.
Almost all contracts for the construction of
a new yacht provide for an initial payment, plus several more “progress”
or “milestone” payments during the project. Therefore, most new
build situations have the buyer paying for construction of the yacht out ahead
of its completion and delivery. Consequently, a question that commonly arises is, “What financial protections are available to the buyer between the
time of contracting and receiving delivery of the
BUILDS IN THE U.S., CANADA, AND WESTERN EUROPE
In the U.S., a new build buyer who is paying
a deposit and progress (milestone) payments can be protected under the Uniform
Commercial Code (UCC) by “perfecting” a First Priority Security Interest in the
new yacht under construction. This form of security interest places the new
build buyer first in line for the payout of any monies in the event of a
shipyard reorganization or bankruptcy.
The legal perfection of a First Priority Security
Interest and the concomitant filing of a lien against the vessel in process is
one of the best forms of protection for a new build buyer. The process is
relatively straightforward, but keep in mind three key points: 1) An agreement
by the builder to cede such an interest to the buyer should be written into the
new build contract, 2) the filing and perfection of this kind of claim and
associated lien is always best handled by legal counsel experienced in such
matters, and 3) writing the relevant provision into the new build contract
doesn’t do any good if you don’t follow up to ensure that the appropriate UCC
filings are actually made and perfected.
Outside the U.S., similar forms of
protection for the new build buyer are available in Canada and many countries
in Western Europe. But as you move further away from the type of legal system
found in the United States, the new build buyer’s options in this particular regard
narrow significantly. However, that does not mean that you have to forego
financial protections in an overseas new build deal.
IN THE YACHT BUILDING WORLD
There several other devices and techniques
that can be employed to protect the financial interests of a new build buyer.
These include the judicious use of Irrevocable Commercial Letters of Credit and
the procurement of performance security bonds provided by insurance
underwriters. Once again, the best course of action for a new build buyer is to
engage the services of an admiralty or business attorney who
practices in, and is familiar with the laws
of the country in which the selected shipyard operates and does business.
Another key element in providing financial
protection to the buyer in a new build situation is the clear identification of
the company from whom the new yacht is actually being purchased. Many a new
build buyer visits a large, well-established and well-capitalized shipyard to
develop his or her project, and to negotiate and structure a deal, only to then
sign a contract with a corporation that functions as a sales or marketing “arm”
of the shipyard. And unfortunately, in too many cases, this sales company is a
separate legal entity from the shipyard, and does not have adequate corporate
assets to protect the buyer in the event of failure on the part of the shipyard
to perform on the terms of the new build contract.
In such a case, the new
build buyer may find him or herself with a claim against an essentially
asset-less corporation, which has already sent the buyer’s initial and progress
payments on to the shipbuilder. Therefore, a new build buyer does well always
to make sure that his or her contract is directly with the shipyard that will
be building the yacht, or that the contract is specifically guaranteed by the
shipyard involved, and backed by all the assets of that shipyard. Always watch
out for elaborate asset protection schemes that effectively isolate the assets
of the shipyard from claims by a new build buyer, in the event of financial
problems and a failure to perform on the part of the yacht builder. Once again,
your best protection is to secure the counsel of an appropriately qualified and
experienced maritime attorney to assure that you do not find yourself in a
contractual relationship with an effectively shell corporation.
Such recommendations for reasonable prudence should
not be interpreted as occasions for fear. Most new build projects go off
without a financial hitch. However, the cost in time and money of providing the
best possible financial protections for a new build buyer are generally small
in comparison to the price being paid for the new yacht, and in comparison to
the risk of loss, in the event that problems do arise. Proper attention to such
issues at the time of purchasing a new yacht that is not yet completed, or contacting
to have one built from scratch, is the best way to ease your mind and put yourself
in a position to enjoy the project.