What to settle, before signing the new build contract.
The items below are the points specialist counsel and the owner’s representative settle at heads of terms.
Part 01The threshold tests
- 01
A hold horizon of seven to ten years, on paper.
Below seven years, the new build cost premium does not amortise.
- 02
An intended use pattern specific to the yacht (size, layout, propulsion, range, operational profile).
If a brokerage hull within the search window delivers most of the use case, custom is for the residual that does not match.
- 03
Commitment to four disciplines: independent owner’s representative engaged before contract, specialist shipbuilding counsel, technical due diligence on the yard’s order book and financial condition, and willingness to push back on the yard’s first-draft contract.
New build with weak buyer-side representation produces the variation-margin overrun pattern documented in industry case studies.
Part 02Contract drafting at heads of terms
- 04
Stage payment loading reviewed against the industry-typical 50 to 70 percent before delivery.
Stage payment loading above 70 percent before delivery sits outside the industry-typical range.
- 05
Refund guarantee credit quality (tier-one bank pay-on-demand vs surety wrapper).
- 06
Liquidated damages cap defined and at a level that reflects the project.
Industry typical: 1 percent of contract value per week of delay, capped at 5 to 10 percent.
- 07
Force majeure burden on the yard to prove “but for” causation, per English law.
- 08
Change order procedure with pre-agreed unit rates and third-party quote rights for variations above a defined threshold.
Without this, the yard prices variations at its discretion.
- 09
Defect notification deadlines understood, with the consequences of late notification clear.
- 10
Warranty length negotiated (12 months standard, 24 months achievable).
- 11
Cancellation thresholds (150 days post-delivery / 180 days total) understood and within the project’s tolerance.
- 12
Title position during construction clarified (yard-retained until delivery, or progressive transfer).
- 13
Dispute forum on English law plus LMAA arbitration, the practitioner default.
Part 03Owner’s representative
- 14
Owner’s representative paid only by the buyer, with no yard commission and no broker commission.
- 15
Fee structure shown in writing before contract signature.
- 16
Representative present on site weekly through the build, with quantified snag list reporting against original scope.