Shipyard Blackmail

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Fillerymike

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This summer I left my yacht in an Italian boatyard for July and August. When I left the yacht I asked for a quote for some cosmetic repairs to the hull. When the quote arrived they also recommended antifouling the hull, a job they had suggested when the boat came out of the water. I declined the repair work as being too expensive and did not issue instructions to have the antifouling done. They have now emailed me to tell me that the work is done, both hull and antifouling. I am due back in a couple of weeks. I can’t get involved in a long dispute and if I don’t pay whatever they demand the yacht will not be put back in the water. Can anyone suggest what to do.
 
Fillerymike said:
This summer I left my yacht in an Italian boatyard for July and August. When I left the yacht I asked for a quote for some cosmetic repairs to the hull. When the quote arrived they also recommended antifouling the hull, a job they had suggested when the boat came out of the water. I declined the repair work as being too expensive and did not issue instructions to have the antifouling done. They have now emailed me to tell me that the work is done, both hull and antifouling. I am due back in a couple of weeks. I can’t get involved in a long dispute and if I don’t pay whatever they demand the yacht will not be put back in the water. Can anyone suggest what to do.
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Have you got a copy of instructions in writing to them not to do the antifouling?

If so, then the best you can hope for is to negotiate a discount for their mistake as you have had the work done, which presumably you'd have had to get done somewhere.
(Perhaps offer to pay what you could have afforded, or the going rate in nearby yards)

If you only gave them verbal instructions, then its their word against yours but try for the same discount anyway.
 
I suppose the formal approach would be to contact a lawyer but legal proceedings may take time.

The informal approach may be to point out that you asked them not to do the work because it was too expensive, but if you're happy with the repairs you could make them an offer based on what you think is reasonable.

The long and short of it is that they're in the wrong and "technically" you don't owe them anything, but the fastest way to get it resolved would be to reach a mutual agreement. If you have documentation,, such as an email, turning down the work, then they don't really have a leg to stand on and may well be happy to get out with just their costs covered.

If there's no paperwork and it's just your word against theirs then it's a matter of how reasonable they want to be about it as to whether you need legal/professional help.
 
Lets see a foreigner taking action against an Italian business in an Italian court.

Hmm you 'might' get a hearing in 2015.

Storage fees.

Will you succeed ? two word answer FAT CHANCE.

Avoid Italian courts at all costs. If you have it in writing that you did not order the work then Get a UK solicitor to write to them and try to negotiate a settlement.

If it was all verbal and there is something on paper that even suggests that you wanted the work doing you can still try negotiation but I would not hold out much hope.
 
Good luck,
I took a Azimut 100 into a shipyard for a dodgy and badly leaking shaft seal at the end of july 2009, 4 weeks and 90 grans of the bosses money laster i got it back, still leaking a bit!!!
 
Negotiate hard. You might even remind them that the internet is a powerful device and your local cruising buddies recommended the yard to you .... it would be a pity if the yard lost its good name.

The trouble with any boatyard is getting the boat back in the water when the yard feels you owe them money. You will need a court order to force them against their will. This will cost you time and money ..... and the yard will probably either counterclaim for the yard fees .... or just let them mount up until they own the boat.

I have a yacht in Trinidad. It was knocked over in the yard due to the yard's negligence. They admitted liability but offered me less that 25% of the worth of the boat. Since then it has sat in their yard for 7 years accumulating yard charges in excess of US$50,000. The time was spent in a long drawn out court case. Now the yard is resisting getting a court order ..... because they will loose ..... and I can't afford to repair the boat or feed more lawyers.
 
TradewindSailor said:
The trouble with any boatyard is getting the boat back in the water when the yard feels you owe them money. You will need a court order to force them against their will.
Click to expand...

...or a mate with a crane at 3am :D

(Not that I'm suggesting this is a proportionate response in the OP's case.)

Pete
 
Fillerymike said:
This summer I left my yacht in an Italian boatyard for July and August. When I left the yacht I asked for a quote for some cosmetic repairs to the hull. When the quote arrived they also recommended antifouling the hull, a job they had suggested when the boat came out of the water. I declined the repair work as being too expensive and did not issue instructions to have the antifouling done. They have now emailed me to tell me that the work is done, both hull and antifouling. I am due back in a couple of weeks. I can’t get involved in a long dispute and if I don’t pay whatever they demand the yacht will not be put back in the water. Can anyone suggest what to do.
Click to expand...


How much are they demanding for the work you didn't want doing? I've been there and done that, and decided that life was too short to argue with someone in a country I was not familiar with. I'd probably pay up, and name and shame them. It won't make a great deal of difference to their business, but you might feel better, you get your boat back and can get on with your life. In a few months, it will be in the past.
 
Thanks for all the replies

Richard10002 said:
How much are they demanding for the work you didn't want doing? I've been there and done that, and decided that life was too short to argue with someone in a country I was not familiar with. I'd probably pay up, and name and shame them. It won't make a great deal of difference to their business, but you might feel better, you get your boat back and can get on with your life. In a few months, it will be in the past.
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Thanks to Richard and everyone for their support. There is an email trail declining the work and I do have a quote for antifouling from a nearby yard. I suspect my only quick solution will be to negotiate and pay up. I have found that there is a EU wide small claim court procedure that I will try to recoup some costs. Wish me luck
 
Go to an Italian Restaurant and ask the manager to make a phone call for you.Show him the Email you sent and let him have an arguement on your behalf. Worth a £50 Tip any time.
 
Despite my tongue in cheek suggestion, I think the first thing to do is point out the mistake face to face. You may find that the yard are embarrassed by their mistake and will be prepared to come to am amicable arrangement.
 
Have you politely pointed out to them that you didnt ask for the work to be done?If so have they responded?Have they presented a bill yet?Best to keep it polite and professional and on record so if you have to pay up you may be able to reclaim some of it later.I wouldnt get into a slagging match or issue any threats of retaliation,just keep everything written down and prepare the ground for a claim after you have got the boat back.
 
Fillerymike said:
Thanks to Richard and everyone for their support. There is an email trail declining the work and I do have a quote for antifouling from a nearby yard. I suspect my only quick solution will be to negotiate and pay up. I have found that there is a EU wide small claim court procedure that I will try to recoup some costs. Wish me luck
Click to expand...

I think this is the realistic approach. If I may suggest, perhaps you may consider employing a local surveyor who had dealings with the yard before and ask him to negotiate a good discount. The job is done anyway so all is not lost.
 
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