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Old 14-05-2015, 09:11   #16
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

Could you give me the name of the 5 year bottom paint. That's a paint that will supposedly last 2 more years than any bottom paint I've ever used.

If the cutlass bearing was worn when you bought the boat, why would you think it wouldn't need replacement after a couple of more years?? As the bearing wears, the slop in the bearing increases which accelerates the rate of wear. Predicting 'X' number of years on a bearing is a bit beyond the ability of most people. Yes, they can say the bearing is showing signs of wear but will probably last another season and to check it before you launch next season. To say it will go 'X' years before needing replacement if it is already worn borders on clairvoyance.

Don't know the customs in your area but people don't haul the boat just to get the bottom scrubbed anywhere I've been. If it is normal procedure to clean the bottom that way, the yard shouldn't have painted the bottom. Sounds like you have no written work order that you signed but that all the negotiations were over the phone. It will be your word against theirs. You'll be fighting an uphill battle when you say you just wanted the bottom pressure washed after 3 years since the last bottom job. They've got the boat and can hold it on a mechanics lien. You'd have to go to court to get them to release it without paying their full bill. Are you ready to give up the summer sailing season??

Politely ask them why they think they were authrorized to paint the bottom?? Record the conversation if it's legal in your state. You might get them to eat the bottom job or at least give you a steep discount. In any case, sounds like you probably didn't get anything done that didn't need doing, 5 year bottom paint or not. If you really feel that you were harmed, pay the bill, get the boat launched and then sue them in small claims court.
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Old 14-05-2015, 09:11   #17
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

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But the OP didn't say anything about whether or not he could do his own work. The point was the yard did work he neither requested nor authorized except for the hauling, which really isn't a do it yourself since most of don't own a Travel-Lift.
The OP stated "Haul and Wash the Boat" I dont see where a travel-lift is needed to complete a job as that.
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Old 14-05-2015, 09:13   #18
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

Thank you for your reply, I don't know about maritime law, but I think this would fall under small claims court. Police will not get involved with a civil matter for sure, but would assist if the boat were held illegally. Again, check the laws in your area for sure. I also agree about being diplomatic. It may be nothing more than an error someone made. If I made the error, I would hope my customer would be forgiving for sure. I m as much as I can afford to be when it happens to me. People can be mostly good. I believe they are. Court is always a last resort.
And yes, a lien is easy to register and expensive to remove if not done by the registrar.




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Old 14-05-2015, 09:30   #19
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

When they used the high pressure spray to wash your boat, it most likely took off all the bottom paint too.

Be nice. Be truthful. Maybe they will take the loss, split it with you, or just charge for the paint and not the labour. Better to visit in person. Maybe it was just a mistake in the phone message?

Last year I took my outboard in for winterizing, as I usually do. When I picked it up, they charged me for a repair. They said it wouldn't start. It was running the day before I brought it in. I discussed with them, but they stood firm. I paid, but they lost a good customer. I won't be going back, and anyone who asks will get a negative review of them. A real shame, becuase until then they were quite good. I think it was just a paper mixup...and somebody else got a free repair (at my expense).
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Old 14-05-2015, 09:36   #20
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

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When they used the high pressure spray to wash your boat, it most likely took off all the bottom paint too.
Every boat that is hauled at any yard for any reason is typically pressure washed while in the slings. They do not remove paint uneccessarily. A bottom that is in good condition will go back in the same way.
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Old 14-05-2015, 09:38   #21
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

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Don't panic yet. The person leaving the message may have been confused. If they did paint it I would start with "What did you paint it with and why?" Don't spend much time with the counter person but go directly to whoever has authority to make it right and give them every chance to do so.

Things not to do early in the discussion:

Don't threaten to sue and don't threaten to take it on-line. In the customer service business, these are both conversation stoppers. Use terms like "What can you do to make this right?" Maybe you will walk away with a discounted price on a needed paint job and they will keep a valued customer. If they do make it right be sure to sing their praises loudly on here!

Right. If they are busy, it is possible the person leaving the message was thinking about the wrong boat. Don't panic until you know the facts. I know I would have a proverbial cow if I got that message on my phone, so I can empathize with your feelings! However, you should probably just go to the yard, speak with the manager and find out what exactly went wrong, if anything.
Good Luck!
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Old 14-05-2015, 09:47   #22
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

Yes you have a few problems here!
Starting with the seller and surveyor.
1 "5 year paint" has yet to be invented. If you really have found some find out what it is an tell us because we all want some. Anti-foul can last 2 years if it is a good coat, a well used boat and a low fouling area but no more. There may still be some tin based commercial stuff that lasts longer but not allowed on private boats. Epoxy copper is the alternative but that is a 10-15 year life (looks greenish and goes shiny if you sand/scrape it.
2. If the suveyor went along with the "5 year paint" idea I would not trust anything else they said. (actually I usually have little faith in surveyors). So the yard may well be right that he cutlass bearing is shot. If in doubt you do want to replace it as they are reletively cheap and can damage the shaft/housing if they get to loose. The life of a cutlass bearing depends on where you sail so if you have been motoring in sandy water the "few years life" could easily have been shortened. It is a simple check, get hold of the prop and give it a good push up and down, if you get a definite clunking it's shot and the prop-shaft has no support left.
What to do about the bill. Absolutely the yard should not touch your boat without your written authorization and an agreed price. Any decent yard knows this so someone fouled up. My suspicion would be that the marina got it wrong when they organized the lift. I would defiantly go talk to the marina manager in person and open the conversation by saying "I think there has been some miss-communication, I don't belve I asked for the boat to be painted". I would be looking to sort the cutlass, pay for the pain, get the labour charges for the painting dropped and thank you very mch I have now avoided a messy job till next year.
Legally I don't think they can impound the boat unless they have written documentation to say you asked them to do the work but the problem with legally is that they have your boat and possession can be 9/10th of the law as the saying goes - It all depends on where you are.
My rule is 'be polite, don't loose you temper and assume it was a genuine mistake, be clear about what you want done about it' seems to get problems solved in most cases.
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Old 14-05-2015, 09:49   #23
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

Now I understand why we Americans get a lousy rap.

First thing is "go to court, get the cops, sue, sue, sue..."

Sheez.

They made a mistake, but no bottom paint is going to last five years, especially out of the water, unless your boat was in the water and, if I understand correctly, you just wanted a short haul to clean the bottom.

You got something last week that you'd have had to pay for next year or later this year anyway when you found all sorts of slimy things hanging off the bottom of your boat.

Get real. Do some homework on bottom paint. fstbttms is right.

You got a bottom job ahead of time.

Pay for it and move on. If an unexpected expense, negotiate a payment plan.

Don't be a jerk and try to get something for free.
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Old 14-05-2015, 09:53   #24
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

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I know that in my business, if I provided a service that the customer had not requested, I would not expect to be paid for it nor would I ask to be paid for it.

Same here, although I list the service rendered with a "No charge" after it on the invoice.
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Old 14-05-2015, 09:54   #25
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

In Florida as probably other states as they seem to copy legislation from each other, an estimate has no binding restriction when it comes to boats. If you get a repair estimate on a car they are obligated by law to inform you if the repair exceeds the estimate by an established amount. I had an estimate on keel work for $2500-$3000 depending on what was involved for the removal. They exceeded the estimate by $7000 and not one word as to the increase until I was presented the bill and there was no recourse for me other than to pay. At the very least you have a fresh bottom.
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Old 14-05-2015, 10:02   #26
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

Further to my #23 and Dehler's post:

I recently was given an estimate to replace a macerator pump for "an hour of labor." I gave him the pump I wanted installed. He charged my 6 hours - $762!!! Then he claimed his guy had to take all sorts of hoses apart. When I showed him photos of some tape I put over those hoses and hose clamps last year and showed they hadn't moved, he got belligerent. He was lying. Plus his guy hadn't remounted the new pump and it was hanging in space blocking the sea cocks.

I told him that if he was going to exceed his estimate by that much, he had a business responsibility to tell me beforehand.

We eventually settled to my satisfaction.

So, I fully understand the approach of "you didn't ask for it." But in my case, he lied, tried to justify it, got caught and got nasty.

Reason for the story is I understand both sides. But I didn't go postal, he did. I didn't threaten lawsuits. All I wanted was a FAIR price for the work.

In this case, the OP got something he didn't ask for, but will benefit from.

They can't take the paint OFF, can they?

What's the issue?
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Old 14-05-2015, 10:08   #27
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

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The OP stated "Haul and Wash the Boat" I dont see where a travel-lift is needed to complete a job as that.
OK, guess I'm confused. How do you haul a boat?
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Old 14-05-2015, 10:12   #28
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

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I would simply return their call and mention that you don't recall requesting bottom paint and were never asked which paint you wanted applied. Ask if they have documentation of the request. They may own it as their own miscommunication blunder and waive the fee, or offer you a deal. Many folks are reasonable after all, particularly when you're upfront and honest.

As for them upselling a cutlass bearing, I'd look at that as a positive. They took the time to look at your boat and offer a service/part that it sounds like may be needed in the near future. If you don't want the new bearing, just say "no thanks".
A simple, common sense answer.

As a first step, instead of panic and posting on the internet why not just call and politely discuss the situation with the yard?

Then panic and post on the internet.
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Old 14-05-2015, 10:12   #29
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

Can we know the price please?

I would have scheduled a bearing change if it was me. Its one of those stitch in time issues. I would take the offer and have it replaced especially as the surveyor said it was dodgy.

You got new paint either by confusion or as a result of it being inspected and being found a bit crummy or as a result of the clean.

The point really is what is the cost? If it is from confusion then you have to take part of the blame coz you gave no written order or signed any work order of theirs either and it then just becomes word against word.

If it was my yard and you complained I would charge you treble (Joking)

But let us know the cost please.
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Old 14-05-2015, 10:13   #30
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Re: My marina was supposed to wash my boat... Painted it too what would you do?

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I asked my Marina to haul and wash my boat. They were backed up. This was about three weeks ago.

Today I got a Voicemail saying they hauled it, washed it and painted it, and tried to upsell me on a cutlass bearing (my boat was surveyed last year I was told the bearing is going but will last another few years.)

I didn't call them back yet, what should I do?

I don't want to pay for it. There was no service forms or anything signed. I bought the boat two years ago and was told it had 'long term' five year paint on it, which was confirmed? By the surveyor...
It may be a case that painting is an understood there, if hauled and washed? I wouldn't say telling you, you need a cutless is an upsell,
they may be doing you a favor? Being hauled for just a wash seems strange and expensive?
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