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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I hired a shipyard to paint my boat. They have done a sub par

Resolved Question:

I hired a shipyard to paint my boat. They have done a sub par job on the boat, they were 3 months late on the delivery which was indicated on the contract. They have resurfaces the anti skid poorly making the boat dangerous.

They are not willing to fix the problems and will not release the boat to me unless i pay the balance ($5000) for their poor job.

what is my coarse of action.

P.S
The boat is located in a different state/county from where i reside.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Course of action as to what? What do you want to achieve?
Customer: replied 1 year ago.

I would like to get my boat and my money back so i can hire someone to do the job properly. Or have him do the job properly.


 


Here is a copy of an email i sent to the boat yard


 


 















I was at the marina over the weekend to look at the progress of the paint job. Overall I am not satisfied with the job. There are a number of issues that need to be addressed.


1) The cracks are still visible

2) the boat looks like it was painted with 2 different colors

3) The non skid was sanded unevenly and in the places that it was repaired looks nothing like "new" as you told me it would.

4) In several places the primer is still visible, i am not sure how after 3 coats of paint the primer can show through.

4) Originally we agreed that the boat would be complete by April 15, its almost 3 months past that and we still don't have it in the water. that is more than 1/2 the season.


I would really like to come to a resolution to this, in a reasonable manner.

I am not looking to bicker, but would like to get what I am paying for. I have been very reasonable and understanding, so would like to hear from you on how do we can address my concerns quickly so I can use my boat again!













Expert:  Dwayne B. replied 1 year ago.
You are going to have to bring a lawsuit to accomplish your goals.

What is the total value of the repairs? Also, what is the value of the boat?
Customer: replied 1 year ago.

total repairs were 15K, value of boat about 60K.


I have already missed out on 1/2 of season plus about 3K to reserve my spot at marina.


 


 


1) Should i pay first then file suit, or file suit first.


 


2) Should suit be filed where i live or where the boat yard is?


I live in holland PA (bucks county)


Boat located in Chestertown, MD


 


thanks in advance.

Expert:  Dwayne B. replied 1 year ago.
1) This is really up to you. It will get your boat faster if you pay and then sue and paying doesn't mean you can't sue. If you pay by check you may want to write "paid under protest" or "paid but reserving rights" on the memo section of the check.

2) Suit will have to be filed where the boat is.

Please ask any follow ups in this thread.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26931
Experience: Began practicing law in 1992
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