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Old 03-08-2014, 22:11   #1
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Shipyard Damage!

I recently had my 63FT power cat bottom totaly striped down to glass,filled faired and repainted . I also had new shafts props and rudders replaced or refurbished. when i arived FROM Afghanistan to pick it up i was not alowed to go to my boat at there dock UNTIL i signed for release for work done. The boat was then move to the Marina next door were i was told that my boat was run a grownd at the SHIPYARD befor i arived from Afghanistan. I have had the boat hauled for inspection and there is damage to the new work from the grounding on the bottom by the shipyard! ie bent rudders and paint damage which was all new and paid for. HOW CAN I HANDEL THIS? I am now back in Afghanistan and need advice.
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Old 03-08-2014, 23:08   #2
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Re: Shipyard Damage !!

What country is the boat in ? Are you insured ? Do you have a rough idea of cost for haul and repair ?

I am not a lawyer, but what I would do is :-

1. Review the work contract and release documentation for disclaimers
2. Get LOTS of photos taken of the damage
3. Get all witnesses to document what they saw in writing
4. Talk to the yard. Try to resolve the problems between yourselves. Once lawyers and insurance companies get involved the costs to all parties multiply.
5. Talk to your insurance company
6. If you are not insured and need to arrange everything by yourself, speak to a lawyer who specialises in marine and get a survey done of damage and expected cost to repair (do not use a surveyor recommended by either the marina or shipyard)
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Old 04-08-2014, 00:02   #3
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Re: Shipyard Damage !!

gregjeeps,

Mate, you need an advocate where the boat is! Is there an appropriate family member or friend?

Otherwise, as homeless suggested, you'll need a lawyer and they come really expen$ive. and you'll need someone to organize that for you, too.

You've been done badly by for sure, and they must have known you'd have time constraints when you were there, so bad on them!

Good luck with it,

Ann

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Old 04-08-2014, 03:47   #4
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Re: Shipyard Damage!

Dude, my number 1 would be to go straight to your insurance agent before you do anything else. They like to be informed in the first instance. I'd take notes of any witnesses but don't go taking statements without your insurance agents consent. The reason for that is that with some insurance companies if you start doing your own investigations and interviews they could turn around and advise you have interfered and leave you to look after it yourself. The more legal problem is insurance company could be viewing your interference as 'soiling' the evidence. Your hardly impartial after all.

The next thing I'd be doing is taking all the photos you can and documents.

Third thing? Go back to one and do what ever your insurance agent tells you to do.

And if your not insured, then yes, consult a lawyer for initial advice.
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Old 04-08-2014, 07:42   #5
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Re: Shipyard Damage!

Thanks for the info guys!My boat is in tampa bay i keep her on the hard while im in Afghan. Il go over my paper work that i have .I have only liability on her at this time so im on my own.
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Old 04-08-2014, 08:14   #6
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Re: Shipyard Damage!

You need to get professional legal advise to deal with this.

That being said, I think you have a very good case that the release you signed was under duress so not valid. It was certainly signed without full disclosure of the condition of your boat so possibly malfeasance.
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Old 04-08-2014, 10:05   #7
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Re: Shipyard Damage!

A Tampa, Florida boatyard would not let you look at the boat before signing a release and paying?????

There must be more to this story.

David
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Old 04-08-2014, 10:22   #8
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Re: Shipyard Damage!

Insurance agent>>>lawyer.
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Old 04-08-2014, 10:25   #9
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Re: Shipyard Damage!

I'm active Army so I understand how unnerving it can be not knowing about what's going on with your property while you're overseas.


Considering they wanted you to sign paperwork first would suggest they were trying to hide things and get away with not having to repair at their cost.


Getting a lawyer on your side can (hopefully) protect yourself and the investment you have in your boat.
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Old 04-08-2014, 10:42   #10
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Re: Shipyard Damage!

Unfortunately I don't think it's the wisest thing for you to do right now...

BUT...

After this is settled, you really need to share the yard name....

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Old 04-08-2014, 10:45   #11
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Re: Shipyard Damage!

Report to insurance company and give them a written statement of claim and what happened at the yard. The insurance company will pursue and the story will surface. Find a local lawyer that has experience with this and have them file a notice with the marina once you have the information from the insurance company....assuming you had insurance. The marina will be obliged to provide copy of their liability insurance in the process and the boat yard insurance company may have to settle on your behalf. If they do not have liability insurance, then you pursue the claim legally. Don't forget to sue for legal and personal expenses on top of the boat claim. Have the repairs done elsewhere so you don't have them fix the boat with resentment. If they opt to repair, demand progress pictures.

Not a lawyer but did experience an event with a neighbouring boat in the slip that did not have coverage - long story but it cost him a lot of money

Marina tried to defend his position however, he was in breach of contract as the marina policy states minimum $1,000,000 liability coverage. I switched marinas!


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Old 04-08-2014, 10:56   #12
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Re: Shipyard Damage!

Greg, you will need a lawyer in Tampa. You've signed a release and now you'll be bound by Florida contract laws and laws relating to informed and uninformed consent and duress and other things that really? You need a locally knowledgeable lawyer to deal with.

He will probably suggest suing both yards as legal necessity, and letting them battle it out while they try to explain the mysterious damage.

Sometimes you get lucky, and when they receive a lawyer's letter saying "We're going to court" they dag their feet but settle up.

Sometimes the attorney gets a piece in the local Nooze, about "This yard screwed a vet" and that does even more to speed things up.

You need to turn this over to a professional, a lawyer in Tampa, and don't let it distract you from your own safety where you are.
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