Re: Any legal minds here?
Its under admiralty law. Very different from land based.
1) Was the delay in the contractors control and avoidable.
2) Was the additional labor and time explained in advance and agreed to by both parties?
3) Is there a written agreement that both parties agreed to?
Re: Any legal minds here?
Yes.
No.
It's complicated...
Re: Any legal minds here?
Uh oh.
Sounds like a problem about to happen.
Try to work out a fair outcome. Remember there's 3 sides to every story.
And I remember a wise lawyer friend once told me a good settlement is where both sides feel they did not win.
Re: Any legal minds here?
Construction biz for 30+ years so I sadly know "disagreements" too well. The only ones who make out in a lawsuit are the lawyers...
I'm trying to be fair with the guy and have already paid more than the quote. I just have a problem with being repeatedly lied to, having barely passable work done, and be given an invoice for premium dollars.
Good news is a dock neighbor gave me an AC guy's contact info. He has done a couple items for me now at a very reasonable rate.
Re: Any legal minds here?
The issue is getting him to agree to take what is due him and fair. Some will push for more but if the works so so and you can show that he should settle.
I'm suing a blowboater for non payment. He chose the gear without my input. Wanted it installed in different places than the old and then complained when it was more than he thought it should be. I'll be all over him now since every offer to settle up until now was "not enough" for him. Even though he got all the electronics at cost and labor at a reduced rate he wants more.
By the way I was a sub and bought the debt from a friend to not harm my friend in the actions. Anyone want to buy a sailboat cheap.
Re: Any legal minds here?
Quote:
Originally Posted by
PeterK
So I am having an issue with the outfit that installed my Salon Air handler. Gave me a quote, took 3 1/2 months to do the job then gave me an invoice for 2 1/2 times the quote.
I gave him a progress payment (well before he took the undue time to finish) and now want to settle and be done with him.
My question: is there a specific "maritime" mechanic's lien waiver or will what I am familiar with from construction work suffice?
As an aside, although I am pretty happy with my Ocean Breeze equipment (compressor done last year, air handle this year. Don't even ask why the 2 different time frames- bad advice from the first installer!), be very, very leery of any installer Joe recommends. Neither of the ones I used will never step foot on our vessel again!
Very simple response to a straightforward question......a "Full and Final Release" in standard terms will suffice with specific reference to name and registration of vessel as well as HIN. Personally, I wouldn't be paying 2.5 times the quoted fee but acknowledge that there may be a lot of further relevant information. If you've come to an agreement as to the resolution of the dispute, so be it. If you don't have experience with the drafting of a Release ( it sounds like you do), a few hundred dollars to a lawyer for that sole purpose is cheap insurance.
