Home / For international owners / Claims
Dispute with the boatyard over a repair: your rights and what legal expenses cover brings
Short answer
In a dispute with the boatyard over a repair, the yard first gets the chance to put the work right.
Only then do a price reduction or damages come into play,
and legal expenses cover brings help only if it includes contract disputes and was in place before
the work was done.
A dispute with the boatyard usually starts with a repair that does not do what it should: the engine runs worse after the service, the gelcoat shows ripples, the invoice is far above the estimate. Under UK consumer law a yard that works for a private owner must carry out the service with reasonable care and skill, and do what was agreed. If it falls short, you have rights over the repair, but they come in a set order, and skipping a step can weaken your position.
First the yard must be given the chance to put the work right, at its own cost and within a reasonable time. So complain in writing, with photos, and set a deadline. Only if the repeat work fails or does not happen do a price reduction or other remedies come into play. If you spot a fault when you collect the boat, say so there and get it noted. The yard can usually keep the boat until the bill is paid; if you need it back, pay under protest and in writing, and dispute the amount afterwards. In England and Wales a contract claim generally has to be brought within six years.
Have the fault recorded by an independent surveyor before another yard touches it, or the evidence is gone. Whether legal expenses cover pays for the dispute depends on the policy wording: contract disputes are often a separate section, and many policies only respond if the cover was already in place when the yard did the work. Check your wording before the boat goes in for a refit, not once the argument has started.
Worth remembering
Complain
in writing, with a deadline to put it right
Another yard
only once the deadline has passed
Give the yard its chance first, then everything else.
Questions
What owners ask us about this
Can I send the boat straight to another yard?
Usually not. The first yard must be given the chance to put the work right within a reasonable time, otherwise you may weaken your claim.
Can the yard keep my boat until I pay?
In most cases, yes. If you need the boat back, pay under protest in writing and dispute the amount afterwards.
Does legal expenses cover I take out now help?
For this repair, usually not. Most policies only respond if the cover was in place when the yard did the work.
Related
Not sure whether you qualify?
Whether it is “Dispute with the boatyard over a repair: your rights and what legal expenses cover brings” or another question: send us your residence and the flag your boat flies. You will get a straight answer in one email; including a no, if that is the answer.
Was this useful?