MASTER’S VS AGENT’S SOF - BURDEN OF PROOF - RAIN PERIODS - CRANE BREAKDOWNS - OFFICIAL HOLIDAYS NOT TO COUNT - Owner Award
The agent’s statement of facts (SOF) included periods of rain which were not included in the Master’s SOF. The burden of proof lay on the charterer to prove any laytime exception. Also at controversy is how to properly prorate time when the vessel was under utilizing her available hatches and cranes as well as which holidays to consider as non-working days.