A Valid Claim, Filed Correctly, and Still Worth Zero

Every operator has seen it happen at least once: a demurrage claim with clean laytime statements, an undisputed Statement of Facts, and a defensible calculation, that dies for a reason that has nothing to do with the numbers. It missed the time bar.

Why 90 Days Is Rarely Actually 90 Days

Most standard forms carry a demurrage time-bar clause, commonly requiring the claim to be presented “in writing” with “all supporting documents” within a fixed window, often 90 days, after completion of discharge. Charterers who treat that as a soft deadline are relying on a reading English arbitrators have rejected repeatedly: the clause is a condition precedent, not a guideline, and a claim submitted on day 91 with perfect substance can be worth nothing at all.

The trap sits in the word “documents.” A claim letter that arrives on day 85 but is missing the notice of readiness, the pumping log, or a signed statement of facts is not a valid claim yet, it is a placeholder. If the missing document lands on day 95, most time-bar clauses treat the claim as never having been properly presented within the window, even though the operator believed they had filed on time.

The Checklist That Actually Prevents This

• Calendar the time-bar date the moment discharge completes, not the moment someone remembers to check the charter party.
• Read the clause for what counts as “supporting documents” on that specific form, since GENCON, NYPE and ASBATANKVOY riders are not identical here.
• Submit a complete package early rather than a fast one late, since an incomplete claim inside the window often does not stop the clock.
• Keep a dated proof of transmission, since disputes over whether a claim arrived in time are common and are won or lost on evidence of the send, not the drafting.

The Marcenta Protocol: The Clock Starts at Discharge, Not at Drafting

We calendar every time-bar date the day a vessel completes discharge, independent of when the paperwork is expected to be ready, and we build the supporting-document package against the specific rider clause on that fixture rather than a generic template. A demurrage claim that is commercially correct but procedurally late is not a smaller claim, it is a lost one, and the margin it represented does not come back.

We are actively covering:

Black Sea

Mediterranean

Continent

WAF

Cargoes and open vessels are always welcome.

chartering@marcenta.co.uk

#ShipWithMarcenta