Need Advice on Attorney's for Boatyard Incompetance

[SailMaster]

Hello All,
Sadly I have to seek out an attorney for the situation I described in a previous thread:

https://forums.sailboatowners.com/index.php?threads/haulout-backburner-hell.180107/page-2

The morons, and that name is being nice, placed our vessel back in the water and put it on a hurricane damaged dock that was loose. As a result of a dredging going on, the dock came apart and our beautiful, metallic dark blue awl grip job was ruined. Now they are trying to ignore that and get payment in full for disservices done over the past year.

I am thinking we will need a maritime lawyer to take this as the normal lawyers will spend too much time in a learning curve.

I am absolutely not going to pay a dime until we have a solid agreement in writing and their money in escrow for the damages. On the other side, I am worried about the safety of the vessel under the care of such morons.

On another note, is there anything preventing us from, legally, from picking up our vessel and leaving and then negotiating the settlement from a position of power. Having been in substantial business all of my life, such acts bring incredible negative karma. However the complete lack of credibility of this establishment simply shocks me.

What are your thoughts on attorneys?

 

[SailMaster]

On another note, if anyone wants to know who to avoid for haul out, fiberglass work, and engine installations, you are free to PM me.

 

[dlochner]

This is indeed an unfortunate turn of events. I'm not an attorney, however, there are 2 factors to be aware of, first the marina can place a lien on your boat and prevent you from moving it until the lean is resolved. Second, read your contract carefully, there is often a clause that states that the marina is not responsible for any damages that occur on their property or caused by them.

Dealt with the second issue when my boat blew off the jack stands in a wind storm. My insurance paid the whole bill even though there was some debate about whether the boat had been blocked properly.

Have you talked to your insurance company?

 

[reworb]

I'm an attorney not in your jurisdiction nor am I a maritime lawyer; so I will leave your legal questions unanswered as these are both both local and maritime issues. As a general proposition self help without knowing the law is never a particularly good idea

As far as finding a capable lawyer I would contact your local bar association. They can either provide with a list of people who handle these types of cases or point you in right direction.

 

[SailMaster]

As far as liens are concerned, I am not worried about that. As things are now, this thing is going in front of a judge anyway. And I have kept every email, text message and excellent notes on every conversation over the past year. The case is open and shut in my favor.

On moving the vessel, as I said, that is a negative karma issue in my book of 30 plus years as an entrepreneur, employer, business builder and member of the chamber. So that really is not an option in my book.

I am not going to ask my insurance company to pay for something that was not my fault. That is another matter of wrong placement of blame. They have liability insurance and they can start taking responsibility for their actions. Too many of these marine businesses are allowed to transfer their responsibility to someone else.

 

[SFS]

When consulting with an attorney, the first question I would ask is "can I write about my experiences on the internet and specifically name the marina/yard in those writings?" Until you get that question answered, I would do neither.

 

[Ron20324]

My non-lawyer opinion would be if the boat is still at that dock, and they won't move it, you have a right to do so to prevent further damage. The marina has a fiduciary duty to protect your boat when it has been assigned the marina's care.

 

[reworb]

I don't like to get in debates over the internet however, I'm not so sure that the yard has a fiduciary duty towards the owner or the vessel. A fiduciary duty is a pretty high level of care and may not be applicable to this type of bailment. They may have a duty of ordinary care but even that may have been lowered by the terms of the repair agreement. Also without reference to the agreement and the relevant statutes if the boat were mine I would not engage in self-help i.e. move it without giving notice to the yard. By moving the vessels without a (maybe) lien-holder's permission you could turn a civil issue in to a criminal one.

 

[capta]

First, this will come under Admiralty Law.
Second, no matter what your beef with the yard, they can legally keep your boat, and charge storage, until the bill is paid in full. I'm surprised they even launched it without payment. This means that their bill and your claim for damages are two separate cases.
Thirdly, your payments to your insurance company are not to protect you or your boat. I have been specifically told by a marine insurance broker that insurance payments are for a lawyer, which they will use to keep from paying any damages. In this case that means recovering the costs of repairing your boat from the boat yard's insurance company. Contact your insurance company IMMEDIATELY! They will take care of this in the most expedient manner.
I wish you luck, but get this into the hands of a professional, ASAP.

 

[Kings Gambit]

This means that their bill and your claim for damages are two separate cases.

I tend to agree w/ Capta here. They did the work; you need to pay for it. The boat was later damaged at their facility(?) due to unstable water created by dredging which broke the dock? That's a separate thing.

 

[oldlaxer1]

Contact your insurance company, file the claim and let them subrogate. They will handle all the necessary legal work to collect what can be collected from the yard.

 

[Gunni]

Your first and most direct avenue for resolution IS your insurance company. Call them yesterday and step back. As others have suggested you pay insurance for just this kind of thing. If everything is as you have stated you can expect that insurance will make you whole, and go after the responsible parties to recover their costs. Save your evidence for your insurance company and quit stirring it up with the yard. Out.

 

[Crazy Dave Condon]

The best advice given is to contact your Insurance carrier who then can determine whether or not to subragate the issue after paying. Then move your boat, not before due to maritime law issues which all of us are not up to stuff on that one unless the marina will authorize you to do so of course in writing to prevent any further damage. Assuming this is in Md, contact the MD Bar Association for a maritime lawyer in your area. If you ever divulge the marina involved, just state the facts without any assumptions dealing again only factual material. Everyone will get the jist as there are always two sides to the coin but the first thing is the boat being removed. However, the work done is one issue and then the dock issue is a second incident.

 

[Bad Obsession]

Lots of good advice already offered. It sounds like you have kept and documented everything. I hope that you have pictures of stuff too.

Let the insurance fight this out, that is why we pay them the big bucks!

 

[SailMaster]

The insurance is there for when "I F@&K Up". Not when "THEY F@&K Up"

 

[Kings Gambit]

Just make the call and let your agent tell you that, if that is the case. Perhaps your coverage does not include this class of damage. If not, then you will likely need a lawyer for litigation to recover the damages.

 

[Gunni]

No, your insurance covers this kind of damage to your boat IF there was no negligence on your part, and probably even then! You pay them to accept that liability. But if you want to fund some law firm's Christmas party, and lengthen the time till you get repaired I am sure they will take your money.

Always turn these kind of things over to your insurer. Document and contact law enforcement if you have an emergency. Insurance will even pay for the lawyers. If they don't get you what you need to satisfy your coverage you can always hire a personal attorney to enforce your policy.

 

[Don S/V ILLusion]

The insurance is there for when "I F@&K Up". Not when "THEY F@&K Up"

You may want to believe that but perception and reality are often different.

You asked for advice - everyone has told you the same thing - it's an insurance matter.

 

[Ralph Johnstone]

The insurance is there for when "I F@&K Up". Not when "THEY F@&K Up"

Your insurance is there for when your boat is DAMAGED, no matter how.

I can't begin to imagine how you feel now that the love of your life has been violated. If it were me, I would have done something really stupid by now and maybe (or maybe not) regretted it. My point is that you are way too emotionally involved in this to see clearly right now. If you weren't way too emotionally involved, then you're not a serious boater.

Best of luck in this, but you must talk to your insurance company and the sooner the better.

 

[Head Sail]

The insurance is there for when "I F@&K Up". Not when "THEY F@&K Up"

You are correct. Your insurance is for when you F@&K up. The boat yards insurance is for when they F@&K up. Call your insurance company and let the two companies work it out. In the mean time, you need to pay for the work they did. Had nothing to do with the damage to the boat. Stay away from F@$Kn lawyers.