Need Advice on Attorney's for Boatyard Incompetance

[SG]

The insurance company call is important because you need to preserve your rights with them and because they may help you sort this out.

You have to deal with the deductable.

I'd advise you not to state who you have determined to blame when you call them. It may affect their view of liability -- and what's yours vs. theirs vs. others.

As for the Yard:

• Have you or the boat been served with a lien or has the boat been "chained" and marked?
• Have you disputed the charge in writing since you got it?
• Have you written anything?
• Other than an invoice, have they written anything?
• Did you sign a contract? (As others indicated, the usual yard contract requires you to carry insurance for damage. The form contracts are not helpful to your cause. How enforceable they are is a function of circumstance and leverage.

Under the "American System" of litigation, unless specifically provided for in contract, legislation or regulation, each party is responsible for its own cost of litigation. In a property matter without compensable personal injury -- your legal expenses could well exceed the cost of the Awlgrip job, etc.

CALL YOUR INSURANCE COMPANY. That's why you pay for that insurance. Let them get the "justice" balanced.

If cost is no object, get an expensive lawyer and go after them.

P.S. - I'm not sure Admiralty Law governs in this matter. They or you may be suing in State Court.

 

[gettinthere]

call the insurance company...yesterday. period.

 

[Crazy Dave Condon]

Other questions to include who tied the boat to the dock, did they give you any notice for you to come and get the boat and so forth.