Cargo and demurrage disputes are among the most common commercial conflicts in shipping. Whether you are a shipowner, charterer, freight forwarder, or cargo interest, knowing how to handle a cargo claim or a demurrage claim correctly can be the difference between full recovery and a costly write-off. This guide walks through the practical steps that protect your position from the moment a problem appears.
Understanding Cargo Damage Claims
A cargo damage claim arises when goods are lost, short-delivered, contaminated, or physically damaged during the voyage. Liability usually turns on the contract of carriage and the applicable regime — most commonly the Hague-Visby Rules under a bill of lading. The carrier is generally responsible for loss or damage occurring between loading and discharge unless an exception (such as inherent vice, insufficient packing, or a peril of the sea) applies.
The strength of any claim depends on evidence gathered early. Key steps include:
- Note clausing on the mate's receipt or bill of lading to record the apparent condition of the goods.
- Hold a joint survey at discharge and photograph the damage before the cargo is moved.
- Secure the stowage plan, temperature and reefer logs, and any sea protest filed by the master.
- Serve a written notice of loss within the period required by the bill of lading — often three days for non-apparent damage.
Demurrage, Laytime and Detention
A demurrage claim compensates the owner when a charterer keeps the vessel at berth beyond the agreed free time. To calculate it you must first measure laytime — the time allowed for loading and discharging under the charterparty. Laytime begins when a valid Notice of Readiness (NOR) is tendered and the vessel is an "arrived ship," ready in all respects.
Common documents needed to support or resist a demurrage claim are the Statement of Facts, the NOR, the pumping log, and any letters of protest for delays caused by the port, weather, or shippers. Disputes frequently focus on whether weather working days, holidays, or shifting time should count against laytime, so precise record-keeping at the load and discharge ports is essential. Our team provides specialist maritime claims support to reconcile laytime statements and quantify time lost accurately.
Filing and Time Bars
Every claim has a deadline. Under the Hague-Visby Rules, cargo claims are time-barred one year after delivery, while charterparty demurrage claims often carry a contractual time bar of 90 days to present fully documented invoices. Missing the bar usually extinguishes the right to recover entirely, regardless of merits. Build a documented file, send timely notices, and request a security or club guarantee where appropriate to avoid arresting the vessel.
Acting quickly and methodically turns a stressful dispute into a manageable recovery process. If you are facing a cargo or demurrage issue, our experienced advisers can review your documents and protect your interests — start with our maritime claims support service today.
