think im getting beat

[Boatsb]

If the case is strong, contingency should kick min.

???????????

[workingonadream]

thanks for all the feedback. im not sure if the spill was reported to the authorities or if pictures were taken. I will certainly ask when I discuss the bill with them. I will keep you posted. thanks

[Vincentc]

Seriously??? Go find me a lawyer that will take a contingency case that's not a car wreck or a slip and fall.

Not that long ago accepted on a contingency a maritime property damage claim arising from an allision and my client and his lawyer were both pleased with the outcome; however the damages in issue were probably more substantial.

Workingonadream has gotten advice from knowledgable boat owners. As a lawyer I would advise that he look into paying a lawyer knowledgable in his jurisdiction to review his contracts with the boatyard and provide him with legal advice on his options.

[saltshaker]

I'm no lawyer but this doesn't make sense. If they did the work I'd think they'd be responsible for the spill unless there's something else at work here. It also sounds like a fair amount of fuel was spilled which also doesn't seem right. There's something missing here or the yard is real shady. The one piece of the story we don't have is how much was the bill? If it's 1K then it won't be worth hiring a lawyer to fight. If it's 5 figures then it may be a different story. I'm betting the bill isn't big enough to warrant the expense to fight it and the yard is hoping you just pay up.

[Freeebird]

Sounds screwy to me too. Boatyards always have you by the short and curlies in such situations, but what about paying the bill and then taking them to small claims court? No attorney needed, and costs very little to file. This too depends on the amount they are charging, but it might net you a better return even if the amount exceeds the small claims threshold.

Might be something to consider if they dont own up to their own mistake. Seems to me they wouldn't want this type thing to become public as it would have to be bad for business.

[rsmith]

I would think billing you for something they did could be considered fraud. You might want to get all the details and talk to the local prosecutor or DA.

[SKYCHENEY]

I have no problem paying legitimate fees for work performed. And I understand that often times, problems arise and the costs can go up. But this goes beyond that. They should have taken precautions to prevent a spill. That is their job. It was their lack of some sort of secondary containment that led to the spill. It goes beyond general negligence. They should have known that something like this could happen.

And you should back-charge them for your fuel that they wasted too.

[Tim Powell]

I believe i would get on my horse go to the Mariner and find out the full story before doing anything. Find out the facts. If they try to put it on you their only issue was neglect. How was it neglect you not on the site. I would love to hear the answer. If you like where you are save the crown and stay with good taste in both parties part. Pay for what you contracted and nothing more.

[Glory]

I was not there, but I don't dispute that it happened, im disputing that its on me to pay. when I speak to them on Monday im going to ask them to define what general negligence is and why they think its my responsibility to pay. I bet they will hang there hat on the general negligence clause

So if the marina hauls your boat, the travel lift strap breaks, do the charge you for the strap, or
while bottom painting your hull if they get paint on another boat or someone's car do they charge
you to clean up the mess.

I don't think it is possible to remain at the marina if management plans to bill you for their short
coming, most business's would hope you don't learn about the mistakes, sending you the bill and
publishing the error is quite surprising.

Viewing mistakes as billable hours is a strange business model.

JM

[johnjen50]

Hey wait a minute. Q, if you have insurance, why dont you bluff the yard and tell them you put in a claim and they are sending an investigator to check the whole thing out, including all filed documentation and equipment used to clean up. Maybe that will change their tone. You could also call them and ask what their thought is on the situation, without putting in a claim, to get a better idea of what your options are.