Boat dropped by yard.

[noswellplease]

In a unfortunate accident my boat was dropped by my local boatyard while moving it within the yard. Luckily no one was injuredt and the damage has been repaired I think professionally and at no cost to me. Now my question is this? I have had a number of jobs done to my boat including an new engine fitted and I'm staggered to see that their costs for labour were way above what I was expecting due to the time needed, two weeks to fit. I had been led to believe this would only take a couple of days....but of course their were some unforseen snags. I have paid up in full but should I now bill them for the depreciation caused, time lost (4 weeks) not to mention my nerves which are shot to pieces and hope to get a credit or something for future services. The hull was cracked which although made good should be visible to a surveyor due to different paint colour paint near the bilges where the repair work was concentrated.
It seems to me that we are all beholden to our boat yards! and are expected to take on the nose whatever they dish out. If I complain I could be told to take my boat elsewhere and there aint no elsewhere near where I live....What's the answer?...or is there any? Mike

 

[Windy]

Sorry for your misfortune.......Sounds like a Canadian yard i know of..........
personally i think you just have to take it

Its like trying to bill your Doctor for keeping you waiting....... /forums/images/graemlins/grin.gif

 

[Thistle]

[ QUOTE ]
... the damage has been repaired I think professionally and at no cost to me.

[/ QUOTE ]

I suspect that, in the absence of any agreement to the contrary, the yard don't have to do much more than the repair to bring the boat up to its previous condition (though, for good customer relations, they may be persuaded that they wish to do more!) Isn't it a little like having a film ruined by a processor whose liability is limited to replacing the film, not paying for a replacement holiday to re-take the photos?

However, I'd think that you are entitled to have the repair done to a proper standard at the yard's expense. If you are unsure of the standard of workmanship ("repaired I think professionally") then I'm sure you could argue a good case for an independent survey of the repair. This might also show up any significant change in value of the vessel for which the yard might be liable.

It sounds like a case for your insurer to take up in detail with the yard's insurer.

Good luck and let us know how you get on.

 

[fireball]

If it was my boat I'd get my own surveyor in - for 2 reasons

1)even if the repair looks ok and the yard said it was ok it is prudent to have a 3rd party check it out - afterall, you are trusting the boat with your life when you go sailing.
2)the boat is insured to a value, a damaged hull - no matter how well repaired will be picked up by a surveyor when it comes to selling and will have an impact on the value - why should I be out of pocket for another's mistake

 

[Talbot]

Contact Parahandy for information on what equipment he had to have replaced following a similar incident.

I also agree - get your own surveyor in to check out the boat thoroughly.

 

[Swagman]

Yup - surveyor to get clarity and dial in your own insurance company so they deal with the yards insurers.
Hindsights a brilliant thing and I'm sure I would also have paid them for work done like you did - but on reflection it might have been better to withold paying anything until you were 100% satisfied.
Good luck
JOHN

 

[Sea Devil]

Not nearly as bad as your problem, the yard moving my boat here in La Rochelle, from the travel lift to their 'secure storage area' managed to push a hole in the underside of my Prout with the hydraulic ram of their trailer!

Never had an apology and whilst they have indeed done the repair - properly - they proceeded to charge me for 5-1/2 hours to move the boat the 50 metres from the travelift to the storage area!!!!! Pictures on my web site www.michaelbriant.com then go to La Rochelle.. Very rude - suggested it was my fault as the boat was too heavy!

OK, the repair is 100%, and cost them a lot of money, but to try to recover some of it by overcharging for other items is ..... well -not very nice!

They made it clear if I did not pay up then they would not launch it... So what's new? I cannot for the life of me understand the attitude.. We all know 'mistakes happen' but it is interesting that both a British and a French yard try to recover some of the costs of their own mistakes by 'over charging' their customer for other items.
Silly people - word gets around........

Michael

 

[Pye_End]

Sorry to hear of the drop. I always feel nervous when I see the love of my life being transported round the yard.

Engine etc. - when I had mine done 3 years ago they quoted £1k for the labour an stuck to it. I gave them the full list of 'bits and bobs' like raising up the bed, new fuel tank, move exhaust etc. at the point of the quote, and they didn't really come up with anything that was not on this list. Took a while to complete but they stuck with the quote, which was comparable to the agent not raf down the road.

Did you get a quote in writing beforehand or an estimate, and what did it all include? Really if they come upon 'unforeseen' then they should tell you the implications when it happens, not shocked by a bill at the end.

If you have enough reason on question it, then write and complain. Probably wont get you anywhere but at least it will make you feel better. If they whole thing was done 'with an open cheque' in mind, then just pay.

 

[Anonymous]

The point about trying to recover the cost of their errors by overcharging for other unrelated work is serious. Makes you think that the yard ought to ring-fence the incident and claim on their insurer. Marinas require us to show evidence that we are insured before they let us in, should we insist that yards are suitably insured?

Trounble is the yards all seem to have so much work they can tell you to get stuffed if you don't want to play by their rules.

One small comfort...life goes in cycles. If today the yards can ride rough-shod over us at some time the pendulum will swing back and they will be eager for our business /forums/images/graemlins/smile.gif

 

[Guest]

Unfortunately .... I read the thread and all seems to be after the fact.

In all incidents involving damage - the insurers and their appointed surveyor should be called in. This then protects YOUR side of the affair. Yard should never be left to work without independent supervision.

Second - awful to say it and with all the years I have been with boats ... I also got caught for daft fee's for engine work ... but was left in a spot that bill had to be cleared.
I will never ever again agree work on faith system ... it was all Friends and we'll make sure all is good Nigel ... then bang !! Bill hits home.

Not much you can do if nothing in writing and also even then : Estimate is not enforcable. Quotation is. Written agreement that if cost escalates or IS going to pass outside Estimate / Quotation should be advised before carrying out work in question etc. We all can quote what should be done after the fact.

Trouble is with many yards - they know that they have boat in their hands ... for you to wrest it back and sort bills etc. is extremely difficult. They have the upper hand.

One thing you can do is to request a FULL itemised bill - and check every last letter of each ... check was it done or not ... I have had additions for Lift-Outs that didn't happen, change of items that obviously weren't ... etc. If they are serious yard - they should be able to show on your boat each of the work items to verify ....

Good Luck - but probably at end of day ..... you'll be crying into your empty wallet .....

 

[Anonymous]

Thank you, Nigel. My wife and I had been thinking this through to see what lesson we could learn, in case this sort of thing ever happened to us. To précis your suggestion:-

1. Call own insurer, tell them that you have a potential claim and ask for them to appoint a local loss adjustor/surveyor

2. Regardless of the agreement between the parties, until the boat is away from the yard and the full and final account settled, appoint the LA/surveyor at own cost if necessary, to act as 'clerk of works' to ensure fair behaviour by yard.

That is what we should certainly do. Many thanks for the solution to the problem and the original poster for sharing with us his experience.

 

[Guest]

Re: Boat dropped by yard.... Loss Adjustor ?

No for you - you need Loss Assessor. Adjustors are used by the party trying to REDUCE claim / liability.

Anyway - that's a technical point ......... the main thing is to call Insurance Co. and inform yard that you are doing so. That means yard is then obliged to do all in accordance with surveyors appointed by Insurance - possibly their own if they are daft enough to pay one !

It puts it all on an official "Get it Fixed" footing ... that you then are hopefully in better position if anything does go wrong ... at least you have Ins. on your side - making you much stronger than as Joe-Public on his own.

Dropping a boat is a serious matter ... far more serious than just letting Yard fix on it's own. Now if its breaking a stay, or some fitting with no other damage - that can be dealt with quietly ... as it's not structural etc.