Boatyard damaged my boat legal advance

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pfrank

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Dear contributors
I wonder if you can give me advance on unfortunate legal situation in witch I been put by my boatyard ?
To keep it shortly, I wintering my 10 m sailing cruiser for number of years in Greece, in this particularly boatyard it is second time, when I came this March to my boat to do same work in preparation for coming season immediately I noticed that someone has been inside of the boat, it wasn't surprised me as I ordered before, boatyard to do keel job, but after close inspection I noticed that inside of a locker under aft cabin bunk someone painted, well what's going on..... next when I jump on ground I noticed that there is patch of fresh primer outside of the hull between skeg and keel abound 3 ft across directly under aft cabin bunk under water line. It became clear for me that someone made a hole and he repair it. Owner of the boatyard wasn't present in boatyard for next couple of days but I managed to get same information from one of workers, they described that hole was make by owner of boatyard when he was maneuvered other boats by crane, he dived crane to close to my boat and one of support legs of the crane punch my boat.
When at last I meet owner of the boatyard he's been very friendly towards me (haha)
He just pretended nothing rely bad append, that he was concern an he made good repair and it is no problem at all
When I ask him if he make any photos of a hole and repairs for insurance purposes he explain that he wasn't thinking it is necessary as repair i done and all is OK
I steel owning his 800 Euro for wintering should I pay ?
Or should I inform my insurance company but I don't have any proofs to claim and I'm afraid of reaction of insurers, they my require now new survey or may drop policy all together
I don't know haw good or bad repair is made, don't even know haw big hole was
What you would do in that situation
Any sound advance I will appreciate
Paul
 
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I would inform my insurance company and ask for advice. As a minimum I would want a surveyor to take a look and confirm that the repair has been done properly. Can't see the yard owner having a problem with this but bear in mind that at some point you will need to be re- launched by the yard, so keep thing cordial.
 
wiggy said:
I would inform my insurance company and ask for advice. As a minimum I would want a surveyor to take a look and confirm that the repair has been done properly. Can't see the yard owner having a problem with this but bear in mind that at some point you will need to be re- launched by the yard, so keep thing cordial.
Click to expand...

+1
 
The surveyor will probably need to expose the laminate to determine the quality of work ..... what materials were used etc.. What boat is it? What size is the pad on the stand ..... if that is what was driven through the hull?

I have seen stands being driven clear through the side of a hull ....... but normally the hull glass is sheared rather than a hole punched out. Neither should happen on a properly supported boat as the supports should be at frames or bulkheads. I am wondering about other complimentary damage.

No doubt about it: you must get a competent surveyor to inspect the repair.

If he has repaired it well then perhaps you can still negotiate compensation for loss of value due to the repair. If not repaired well you will have to have it repaired to the correct standard and try and get compensation from the boatyard.

While you boat is in his yard it is important to keep on good terms with the yard owner. I am sure that the law will see that he has placed you back in pre-accident condition UNLESS you can prove otherwise. Beware of yard fees if this turns acrimonious.
 
Is it the only problem? It would be a good idea to check your mast and rigging as well, in fact get a surveyor to check your boat all over.
 
pfrank said:
Dear contributors
I wonder if you can give me advance on unfortunate legal situation in witch I been put by my boatyard ?
To keep it shortly, I wintering my 10 m sailing cruiser for number of years in Greece, in this particularly boatyard it is second time, when I came this March to my boat to do same work in preparation for coming season immediately I noticed that someone has been inside of the boat, it wasn't surprised me as I ordered before, boatyard to do keel job, but after close inspection I noticed that inside of a locker under aft cabin bunk someone painted, well what's going on..... next when I jump on ground I noticed that there is patch of fresh primer outside of the hull between skeg and keel abound 3 ft across directly under aft cabin bunk under water line. It became clear for me that someone made a hull and he repair it. Owner of the boatyard wasn't present in boatyard for next couple of days but I managed to get same information from one of workers, they described that hole was make by owner of boatyard when he was maneuvered other boats by crane, he dived crane to close to my boat and one of support legs punch my boat.
When at last I meet owner of the boatyard he's been very friendly towards me (haha)
He just pretended nothing rely bad append, that he was concern an he made good repair and it is no problem at all
When I ask him if he make any photos of a hole and repairs for insurance purposes he explain that he wasn't thinking it is necessary as repair i done and all is OK
I steel owning his 800 Euro for wintering should I pay ?
Or should I inform my insurance company but I don't have any proofs to claim and I'm afraid of reaction of insurers, they my require now new survey or may drop policy all together
I don't know haw good or bad repair is made, don't even know haw big hole was
What you would do in that situation
Any sound advance I will appreciate
Paul
Click to expand...
After reading a story on here a few years ago about Greek yards giving an insurance company the runaround I would be very careful!
Get it splashed and away, then if you want to pursue it go to another yard, get a surveyor and do the business away from the man who could stop ypu sailing your boat away!
Forget about the law and the western european way, it doesnt work in the eastern med like it does here!
Stu
 
Treat the matter as if the boat has been damaged and not repaired.
Make a claim against your Insurance Company.
They should fund the cost of investigation to find out if the repair was done properly.
Perhaps the paint on the inside could be stripped back to see the extent of the damage.
You have a choice, either live with the repair or pay to have the repair cut out and repaired again.
After all if you come to sell the boat are you going to disclose that the hull has been damaged.
 
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