Re: [Cal_Boats] Heads up on boatyard problems
Well, I don't really like to get involved in these things, but I will add this. I don't think you really need an expert. It's a straight negligence case. All you'd have to do is explain that there are ways to do it that would have been easy and that would not have resulted in the damage (like foam on the mast, taking off the backstay, using good straps or cloth in between, etc.). (If there is a written contract, that makes it a little different, but I still don't think you'd need an expert.)
If they are really being obstinant, they will ignore a lawyer letter. Happens all the time. They will wait for you to file a lawsuit, which they cannot ignore. For damage to a mast like that, and damage to topsides, I would say you are well above the limit of any small claims court. There are lots of small law offices that should consider taking it on a contingency basis (no, I do not know any, sorry). Call around. It's worth some time. If not for yourself, for yourself *and* the next guy.
Mark
--
J. Mark Lane
Koo Larrabee Lau-Kee & Lane, LLP
106 Corporate Park Dr., Suite 110
White Plains, New York 10604
ph (914) 251-0001, Ext. 104
fx (914) 251-0969
web: www.kllklaw.com
email: jm… [at] kllklaw.com
-------------- Original message from Chris Campbell <cl… [at] traverse.com>: --------------
>
>
> jeribelle2000 wrote:
>
> > Hi all,
> >
> > Just wanted to hopefully prevent anybody else from being taken to the
> > cleaners. Here's the scenario. You be the judge.
> >
> > We contracted with a certain boatyard in Oxnard, CA to drop the mast
> > and prep the Morgan for shipment. The two yards in that harbor are
> > charging 3 times the going rate for this service anywhere else in the
> > country. We have estimates to prove that one.
> >
> > Secondly, they used duct tape to wrap the mast instead of the
> > industry standard low stick tape made for just that purpose, affixing
> > tape directly to the painted mast. The topping lift was not removed;
> > the steel wire was laid alongside the painted mast and then wrapped.
> > The mast was chafed the whole way from Oxnard to Anacortes WA.
> >
> > They did not protect the hull from the straps when they lifted the
> > boat from the water. We now have nasty black marks, three per side,
> > on the previously pristine hull.
> >
> > I complained to the company and requested repairs. I provided photos.
> > The owner of the company sent me back a refusal, along with a photo
> > of somebody else's badly corroded mast. The extrusion on the photo in
> > no way is the same as what we have on our mast. The owner refuses to
> > pay, and no longer responds. He has refused to give us the name of
> > his insurance company for us to contact them directly.
> >
> >
> There are some options. You can threaten to sue, if it's a realistic
> threat (are you close enough to where the yard is that you could
> participate in litigation?). A lawyer's letter might work, but you'll
> need to find a good one and pay something. You can go ahead and sue, if
> there's enough money involved. This would require having an expert
> prepared to testify about the industry standards for boat prep and
> protection, and about the cost of making yours right. If you win, you'll
> get the money for all that back. It's all a question of how much is
> involved, how mad you are, and what your tolerance for a process like
> litigation is.
>
> Some people get mad and want to teach the SOB a lesson. Other people
> would rather go sailing and eat the cost, because the tranquility is
> worth it. These are all personal decisions. A good lawyer will discuss
> the trade-offs with you.
>
> Chris Campbell
>
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