The ship agents risk facing an increasing number of legal disputes over weekend port charges if unclear operational instructions from owners and charterers continue to expose them to financial risk.
Case study: disagreement over Saturday surcharge
A recent case, there was a disagreement between a shipowner and their local agent after a routine discharge operation extended into a Saturday, triggering a 150% stevedoring surcharge that was outlined in their pro forma disbursement account (PDA). The owner refused to pay the additional stevedore costs for the weekend shift, claiming the agent should have delayed operations until the following Monday to avoid higher rates.
Timeline of vessel operations
The incident began after the vessel reached the port on the Thursday but berthing was delayed until Friday. Cargo discharge began once alongside but was interrupted by an operational issue that extended the schedule into Saturday. Due to the various factors, the owner incurred one Saturday stevedoring surcharge, with the remaining work resuming on Monday.
The agent was found to have acted correctly. The weekend surcharges, set at 150% for Saturdays and 200% for Sundays and bank holidays, had been clearly outlined in the PDA issued before the vessel’s arrival and the shipowner did not communicate with the agent that they should not work over the weekend to avoid higher costs.
In this particular incident, the PDA had made the weekend rates explicit, and the discharge progressed with the Master’s knowledge and authority. In the absence of instructions from the owner to avoid weekend work, it was reasonable for the agent to proceed to protect the berth and maintain the operation.
A real question was whether the surcharge applied, not whether the basic shift cost should be paid – as the owner declined to pay either.
Furthermore, agents are increasingly exposed to disputes when weekend operations are not clearly authorised in advance, and that even when costs and rates are set out clearly in a PDA, it is preferable to confirm any cost-sensitive operations in advance if it is reasonable and possible to do so.
He emphasized that transparent communication and accurate records remain the best protection against disputes over port charges, and that the lesson is simple: everything should be confirmed in writing.