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 A failure to communicate
By MARK ERCOLIN
Waterfront News Columnist
I’m sure you’ve seen this in a lot of old crime movies: A tough-looking guy walks into a room to confront some fellow who either owes or is asking for money. As the tough guy comes menacingly close to the fellow, he says in a heavy Brooklyn accent, “Me think(s) we have a failures to communicate(s)!”
As clichι’ as this scene might be, it can illustrate the conflicts between boat owners and boatyards. From my experience, the problem is that far too often the relationship begins with an informal arrangement.
Now, don’t get me wrong: socially, a sense of camaraderie and informality with parties you do business with is usually a good thing. However, when it comes to business agreements and contracts, for the protection of everyone involved, you can never be too formal. In fact, a failure to keep business agreements as formal as possible can end with both a ruined transaction as well as a ruined friendship between client and service provider.
Indeed, the concept of making a deal verbally and sealing it with a “spit and a handshake” should be discarded for even the best of comrades when it comes to work on a boat. And, yes, even small boats!
Too many relationships go south fast once a disagreement ensues. The parties end up in court with only a few scraps of incomplete paperwork to bolster their particular side of the argument. Possibly there’s a few witnesses who may appear self-serving in their testimony, resulting in a decision by the judge or jury that generally satisfies no one, and leaves both parties with large legal bills.
In order to prevent this outcome, and to maintain good relations between the boatyard and boat owner, here’s my suggestions. First, my advice to the boat owner:
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Never say, “I don’t care how much it costs, just fix it!” This is an ultimate no-no. Don’t even say a variation on this phrase. You will be taken at your word.
Before going to the yard, try to understand the problem you want fixed. Even if you are a neophyte boater, this should not be as difficult as it sounds. Mainly, try to narrow down what’s wrong with your vessel (if you’re a true mariner this “feel” should become part of your psyche, anyway). Write down trouble areas along with any questions you might have for the boatyard personnel. Remember, it’s your boat, so no question is too dumb.
If you are given a contract to sign, review it carefully. Again, don’t be afraid to ask questions. Read the fine print!
Note: Actually, the fact that the yard is giving you a contract is a good thing. Again, don’t forget to read it. And, don’t be afraid to negotiate any desired modifications and have it amended in writing. Remember, do these things before you sign.
In the same vein, ask about warranties on the work to be performed and on the products being installed. Get as much detail as possible on how the yard plans to honor warranties and how you will deal if your boat is in a location that makes it impractical or impossible for the yard to service you. Again, get it in writing!
Finally, don’t be afraid to ask for scheduled updates on work and estimated changes in costs. Again, get it in writing!
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The yard owner also plays a part in this formal communication. And I think it will go a long way in not only maintaining satisfied clients and repeat business, but also will help prevent a boat owner from “squelching” on a bill at the end of the service.
In that regard, here are my suggestions to the yard owner:
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Offer the customer a well-written contract that explains all parties’ rights and responsibilities, and go through the details with the customer, even the fine print. This, of course, requires the yard owner to also understand the contract (which should be a priority, anyway).
Also, if any modifications are made to the contract, or its understanding, put these in writing with as much detail as possible. This is for the protection of all parties and will help prevent disputes.
Explain in writing to the boat owner, in as much detail as possible, what you plan to do to the boat, how long it might take and how much it will cost, making allowances for any possible changes. (Personal note: It would be nice, once in a while, if actual time and costs for boat work came out less than the estimates. It would probably reduce the fights I’ve seen by at least a quarter). Also, don’t assume any question by the owner is too dumb.
Explain in writing all warranties offered on work and products, or any lack thereof, before work begins.
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Hopefully, by adding these formalities to the boat owner and boatyard relationship, there will never be a feeling that there was a “failure to communicate.”
What’s more, unlike the outcome in those old movies, no one will end up “in the river” — except maybe the boat — and hopefully it will be fixed and floating.
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Mark Ercolin is an admiralty attorney based in Fort Lauderdale.
The information offered in this column is summary in nature and should not be applied to specific cases or situations.
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