What to do when you get ‘screwed’ by a boat repair contractor?

[cynthia-m]

Our 36’ sloop suffered some damage last fall during hurricane Irma in Clearwater. It was very challenging to find anyone available to do repairs back then, but eventually by word of mouth, found and contracted with a real hack. The guy got off with the $12K the insurance company paid out and left the rig in bad shape and he didn't come close to finishing what he was paid to do.

Yes we know he never should have got the money up front, and the insurance company is not willing to help out in trying to get the money back from him, stating they have no ownership of this since we hired the guy.

Anyone ever tried to legally go after someone in a situation like this for the damages and to recoup the payment for services he failed to deliver? Would love to hear others' stories or recommendations on what to do.

Thanks!

[AiniA]

Any chance you paid with a credit card? Credit card company might help.Likely more than a small claims court amount but it might get the guy moving on finishing the job properly.

[Tetepare]

File a criminal complaint. That is grand larceny. Search internet and see if he has prior complaints or arrests. If he’s not been in trouble before cops may do nothing. If he has they will bust him fast since serial cons are easy arrests. Try it.

[danielamartindm]

If you've exhausted the option of contacting the guy and either getting him to finish the work or make a partial refund, your only option at this point is to sue for partial restitution of the $12K (he did do some work, right?) Given the amount involved, the best option might be to avoid lawyer fees (a treatment that can be worse than the disease) and pursue a small claims option. The challenge would be to have good photographic documentation of the damage pre and post his repairs, a detailed contract stating specifically what he was to do for that $12,000, and an estimate from an industry person detailing how much money would be required to complete the repairs per the terms of the contract. If you can't provide a judge or arbitrator such documentation, you'd likely find yourself in a "he said/she said" situation that would go nowhere.

[Vasco]

You might try small claims court in your jurisdiction although the limit is $5000. Either that or forget about it and move on. Not worth getting a lawyer for 12K.
https://patch.com/florida/clearwater...s-less-is-more

[Cheechako]

You are likely screwed. Contractors for homes etc do this all the time also. My niece lost $50k in a kitchen revamp that never even started, only a few supplies were delivered.
NEVER pay up front. Agree to pay for materials as they are delivered, and make only progress payments by defining certain milestones.

[hamburking]

The reputable contractors I have hired have never asked for any money up front, other than a small deposit.

The bad contractors I have hired always ask for partial payment for materials, whatever, up front. Their goal is not to do a good job, but to separate you from your money.

[TrentePieds]

Did impatience get you?

For work of any substance you ask SEVERAL contractors to bid on the work. Some will refuse, a few will inspect the job and give a loosey-goosey bid. You pick the best of them and make the chosen contractor give you a detailed "scope of work" (a document setting out in detail the nature and extent of the work that needs to be done), and to give you on the basis of that a fixed CONTRACT PRICE. Those documents, written by THE CONTRACTOR, become the basis for the ACTUAL CONTRACT that will be enforceable at law. If YOU approve the SOW and the contract price, you give the contractor a deposit, say 25% of his bid, by CHEQUE, and you keep a photocopy of it. When 25% of the SOW has been completed you give him a "progress payment" of another 25%. By cheque. If the work is to a boat, pay a qualified marine SURVEYOR to do an independent SURVEY of the contractor's work when the contractor reports completion. The cost of the survey can be included in the insurance claim. Only after the survey shows the contractor's work to be COMPLETE IN ALL RESPECTS and in compliance with THE CUSTOMS OF THE TRADE and APPLICABLE LEGAL REQUIREMENTS, do you pay the remaining 25%. By cheque.

Reputable contractors are accustomed to working in that fashion. Any bidder that balks at that should be excluded from consideration.

Only if you have followed sound commercial procedure such as that, can you expect relief through the Courts if anything goes pear-shaped.

For twelve grand, maybe the soundest policy is just to lick your wounds and be more careful the next time. Fighting unwinnable battles can get VERY expensive!

All the best

TrentePieds

[Cadence]

Originally Posted by Tetepare

File a criminal complaint. That is grand larceny. Search internet and see if he has prior complaints or arrests. If he’s not been in trouble before cops may do nothing. If he has they will bust him fast since serial cons are easy arrests. Try it.

I'm afraid unless there was a written contract specifying work to be completed it be comes a he said she said situation. If some work was done grand larceny
would seem to be difficult to prove.

[Mike OReilly]

This is what the civil courts are for. But as we all know, lawsuits are often the best worst option for the ‘little guy.’ Costs for a lawyer can easily exceed your $12k. Unless you can use the Small Claims court, it may just become an expensive lesson-learned.

As others have said, you have to have as much supporting evidence and documentation as possible. An actual signed contract, with duties, obligations and timelines, is ideal. It gets progressively worse from there. A verbal contract is still a contract (in most jurisdictions … I don’t know yours specifically). It’s just much harder to establish in court.

[1Sunseeker]

I have taken so called boat mechanics to small claims court twice and won both times. Always get good paperwork prior to all work done including bids. You have to have good documentation. In my experience he who has the best documentation wins. WRITE EVERYTHING DOWN, EVERYTHING, INCLUDING TEL. CALLS, DATES, ETC. NOW I ALWAYS GET BIDS IN WRITING.


5K is the max here in WA. so you can break it down like so much for some of the work and a separate suit for other work. It will take time so be prepared to go all the way. Hopefully you will have more time than they. If they will not pay you can get a judgment and attach their Real Property. If they disappear, sorry, next time deal with a rep. firm.

[Allied39]

That's harsh. Sorry to hear that.
I was a "marine profesional" . Had a business in NY.
Never, not once, did I ever need cash up front. Any contractor that needs cash up front should not be dealt with.
Other marine repair guys in the bay would'nt even work with the owner aboard. I welcomed the owner on board, they help move the job along faster, and I was proud of my standard.
You would be surprised how much time can be lost locating stuff on a boat. Seriously. Where's the autopilot computer for example? Every electronics install I did I supplied a diagram showing locations of everything including, computer, fluxgate,junction boxes, even where the wires actually run.
The other contractors used to hate me, said I made them look bad. I would say I dont make them look like anything.....they just look like S#%T by comparison.
I used to make at least 10g a year cleaning up after other guys.
I wouldn't like your chances of getting any of that money back. Think of it as an expensive lesson.
PS; the no money up front goes for all contractors, marine or house.

[bsurvey]

this is called concurrent causation (insurance term)

get an estimate from a bonified repairer to do the work the first guy screwed up then submit it to your insurance company.

they will have to respond to it

bad repair work is normally a named peril

[captlloyd]

You can get a judgement in small claims court, you can win a lawsuit. Getting the money is entirely another thing.

[dochip]

I'd like to draw the moderators attention to the post from yotpop, which is surely a joke but in such bad taste that it should be acted on. Even joking about threatening violence is stupid, and has no place in these forums.