Legal advice needed - Page 2 - SailNet Community
 7Likes
Reply
 
LinkBack Thread Tools
post #11 of 56 Old 10-02-2011
Senior Member
 
dhays's Avatar
 
Join Date: Jul 2010
Location: Gig Harbor, WA
Posts: 727
Thanks: 3
Thanked 8 Times in 6 Posts
Rep Power: 6
 
Quote:
Originally Posted by sailingfool View Post
You should negotiate a resolution on your own.

Bringing a lawyer in for $5000 wont make any sense...the lawyer will want $200-250/hour and it will take a 3-4 hours just to come up to speed and draft anything, probably more unless you are lucky enough to find a lawyer who has expertise in marine related disputes. You will be out $1-2000 just to get to the talking stage.

An actual attempt to take this issue to court would cost as much as the disputed amount or more. You wont have a shot at recovering your legal fees.

I always think advice to get a lawyer for this type of dispute comes either from folks who have never done so, or from someone who is a lawyer...
I think those estimates are too high. Maybe I've been fortunate, but I've found that when I needed legal advice, it hasn't been terribly expensive and has saved me money over the long term. A good attorney will be able to give you solid advice, and several options, with just an hour or two of billable time. Often, as Paul said, you can get a good estimate and some suggested direction without being billed for it.

Considering the boat is about to go to auction, the OP needs some good ideas and needs them quickly. It sounds as if he has already tried to work with the mechanic but that hasn't gained him anything.

Good luck.

Dave
▬▬▬▬▬▬▬▬

47⁰20'11.7" N
122⁰35'20.8" W
M/V Kinship, North Pacific 43
Formerly
S/V Legacy, Catalina 400 MkII, Hull #328
dhays is offline  
Quote Quick Reply Share with Facebook
Sponsored Links
Advertisement
 
post #12 of 56 Old 10-02-2011
Senior Member
 
Join Date: Jul 2007
Location: Philadelphia
Posts: 1,078
Thanks: 0
Thanked 14 Times in 14 Posts
Rep Power: 9
 
Pay for 1 or 2 hours of lawyer time, it may be your best investment.

Prepare for the meeting;
Write a one page history from your perspective.
Take copies of all correspondence, invoices, estimates,..
Take the original of the notice of lien.

Pay the lawyer to write a letter to the mechanic with copy to the yard.
dhays likes this.

1970 Havsfidra 20 by Fisksatra
On the Delaware River at Fox Grove Marina Essington PA
Ulladh is offline  
Quote Quick Reply Share with Facebook
post #13 of 56 Old 10-02-2011
Senior Member
 
imagine2frolic's Avatar
 
Join Date: Aug 2008
Posts: 1,830
Thanks: 0
Thanked 1 Time in 1 Post
Rep Power: 8
 
First of all call the police, and let them investigate if they will. I doubt it but it's just a call, or visit to the station. Also call a lawyer referal service, and there is a huge discount for an hour of counseling, or maybe 30 minutes. Maybe he will make a call too?

These people need to know you're not pussyfooting around, and get on it right now, and no later. There are also lawyer's advice on the internet from lawyers. Open all doors, and don't take no for an answer. The sqeaky wheel gets the grease.........i2f
HDChopper likes this.

20 MPH ain't fast unless, you do it in a 1000sq 3/2 house on 10foot waves
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


BORROWED, No single one of us is as smart as all of us!
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.



To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
imagine2frolic is offline  
Quote Quick Reply Share with Facebook
post #14 of 56 Old 10-02-2011
░░░░░░░░░░
 
Join Date: Apr 2006
Posts: 12,071
Thanks: 6
Thanked 160 Times in 157 Posts
Rep Power: 12
   
Try Maryland DA or Consumer Affairs whatever they have there. In most places a lien can't even be legally issued without a writing i.e. contract or other proven signed obligation.

Those two are free. If they don't step up see a Maryland lawyer. You might be able to show criminal conspiracy between the yard and the bozo and wind up winning bigtime.
hellosailor is offline  
Quote Quick Reply Share with Facebook
post #15 of 56 Old 10-02-2011
Senior Member
 
Join Date: Jul 2007
Location: Philadelphia
Posts: 1,078
Thanks: 0
Thanked 14 Times in 14 Posts
Rep Power: 9
 
I have filed mechanics liens against clients (some are still clients). I don't take it personally and neither did my clients, its just business.

Filing a lien requires a lot of documentation including some form of written contract and documentation of the work done, payments received and invoices not paid.

Each state has different requirements. Take to a Maryland attorney with mechanics lien experience.

Mechanic's Liens in Maryland - Fullerton Law This is mechanics lien in construction.

1970 Havsfidra 20 by Fisksatra
On the Delaware River at Fox Grove Marina Essington PA

Last edited by Ulladh; 10-02-2011 at 05:51 PM.
Ulladh is offline  
Quote Quick Reply Share with Facebook
post #16 of 56 Old 10-02-2011
ASA and PSIA Instructor
 
Join Date: Apr 2000
Posts: 3,670
Thanks: 10
Thanked 30 Times in 30 Posts
Rep Power: 17
 
FWIW $5,000 is the figure I would have thrown out for the install of a new engine...I dont understand why the OP has such difficulty defining what the mechanic did or did not, or what money was agreed to. There may be a rotten apple in this arrangement, but as far as I'm concerned, the OP has offered no real evidence to understand who that rotten apple is...

Certified...in several regards...
sailingfool is offline  
Quote Quick Reply Share with Facebook
post #17 of 56 Old 10-02-2011 Thread Starter
Member
 
Join Date: Jul 2009
Location: Chalfont, Pa
Posts: 64
Thanks: 0
Thanked 1 Time in 1 Post
Rep Power: 7
 
The mechanic got the boat in March. I was told 6 - 8 weeks for the install. This is now October.

I was told the boat was ready in June and again in early August only to find the engine on the cabin floor. I missed the entire summer.

I asked for everyones bills the end of August and the mechanic sent me a bill with a different make of boat. Rather than sending me a new bill he filed a lien.

There are other inconsistencies in the bill. In June I would have written a check and sailed away. This is October.

The engine has never been started and a sea trial never arranged or completed.

Hope that clarifies things,
George
gbm4th is offline  
Quote Quick Reply Share with Facebook
post #18 of 56 Old 10-02-2011
Senior Member
 
Join Date: Feb 2010
Location: Narragansett Bay
Posts: 13,071
Thanks: 62
Thanked 308 Times in 288 Posts
Rep Power: 8
   
Blogs are good for advice. Attorneys are good for legal advice.

Before an attorney can fully describe your options, they will need to know the mechanic's defense, if any.
dhays likes this.


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

Jeanneau 54DS

In the harsh marine environment, something is always in need of repair. Margaritas fix everything.
Minnewaska is offline  
Quote Quick Reply Share with Facebook
post #19 of 56 Old 10-02-2011
Large Member
 
GMFL's Avatar
 
Join Date: Jun 2010
Location: Newport Beach, CA
Posts: 299
Thanks: 6
Thanked 3 Times in 3 Posts
Rep Power: 6
 
I'm a contractor and have filed liens on a few buildings. In real property a mechanics lien can be placed on almost any building with very little justification to why a lien is being filed. However, if I file a lien, there is NO way to force a sale of the property. The only way I can collect on it is when the owner decides to sell it. To complete the sale, they have to satisfy all liens on it. Of course I get the lien amount plus interest. Its funny how people come up with money quickly when they need to..

However, unless the law is different for boats, they can't sell the boat just to satisfy their lien. Negotiate with them and get the work done as needed.

As stated, I'm a contractor, not an expert in Maritime law (or any law) so it could be different, maybe someone else knows....
GMFL is offline  
Quote Quick Reply Share with Facebook
post #20 of 56 Old 10-03-2011
Senior Smart Aleck
 
jameswilson29's Avatar
 
Join Date: Aug 2009
Location: Richmond, Virginia
Posts: 2,152
Thanks: 34
Thanked 70 Times in 65 Posts
Rep Power: 7
 
Try avvo.com

You should discuss your situation with a lawyer licensed in Maryland.

You could also try posting this as a contract law question on avvo.com in the Maryland lawyers section. Avvo is a relatively new, nationwide, Web 2.0, lawyer (and doctor) directory with system-generated ratings, client reviews, and a question and answer section:
http://www.avvo.com/free-legal-advice?ref=header_navbar
jameswilson29 is offline  
Quote Quick Reply Share with Facebook
Reply

Quick Reply
Message:
Options

By choosing to post the reply above you agree to the rules you agreed to when joining Sailnet.
Click Here to view those rules.

Register Now



In order to be able to post messages on the SailNet Community forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
Please note: After entering 3 characters a list of Usernames already in use will appear and the list will disappear once a valid Username is entered.


User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in









Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page



Similar Threads
Thread Thread Starter Forum Replies Last Post
Welland Canal Canada. Advise needed (perhaps legal) fparry General Discussion (sailing related) 7 06-13-2010 08:08 PM
Legal advice pt. II oscarzulu General Discussion (sailing related) 9 02-06-2007 04:08 AM
Need maritime legal advice... oscarzulu General Discussion (sailing related) 11 02-05-2007 03:21 PM

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome