Reward for lost Kraken!
Join Date: Apr 2006
Thanked 132 Times in 129 Posts
Rep Power: 11
"I still have lost: 2 sailing seasons, all that cash spent on insurance and such along the way, as well as the money that the marina defrauded me out of for "repair" of items that they caused the damage to in the first place."
Take 'em to court for the whole thing. All of that is called "consequential damages" and if they are responsible for the incident that started it all--they're responsible for it all. The best negotiating tool with stonewalling b*stards is to remind them that since they had reason to know about the real problem (i.e. their own mechanic and what he did, and they are responsible for him, by law, in any case) then you have the option to go against them for criminal FRAUD and in most parts of the US, that also opens the door to triple damages. Triple on the whole thing. Plus "punitive damages".
Now, the big boss may be too dumb to grasp the notion, but if you speak lawyer-to-lawyer or your lawyer (shows you are serious) to his insurer directly...they may be willing to simply do the right thing and pay for ALL of your damages, including the consequential ones, rather than face the expense and risk of fraud charges and triple damages.
Going to court and losing could cost them 5x as much as just paying your damages, and that's before their legal fees AND the fact that a fraud case might really scare away potential buyers. I mean, would you want to buy a marina (with all the possible real estate and EPA issues) from someone who was in court because they lied about damages they did to someone else?
When faced with lying sobs, you're allowed to pull the pin and throw the grenade *before* you say hello.
No threats, no extortion, no blackmail...a lawyer knows how to pitch the grenade, nice and legal.
Last edited by hellosailor; 06-15-2006 at 02:25 PM.