What would you do?

[Jim Cornwell]

We made a trip to our boatyard on a lovely sunny day yesterday to remove Yankee's winter cover, a long-awaited rite of spring. Found zippered access panel rolled up in open position - not as I had left it last fall! This has to have been the work of a careless yard hand on board to complete last minute winterization sometime after I'd buttoned the boat up in mid-November. So cockpit and side deck were exposed to the elements throughout an unusually harsh winter. Lots of dirt and debris on board, of course, but rubrail below mid-ship scupper has suffered what seems like freeze-thaw damage, looking like it suffered a little explosion.

Guidance requested: Am I right to think of this as gross negligence? Or is it minor negligence? Is it reasonable to expect boatyard repair consequent damage at its cost?

Otherwise, reunion with my Cape Dory was joyous as always and I wish the same to everyone else!

[Russell]

Post a photo of the damage, rather then the open cover.

My first inclination is to say, launch the boat and go sailing. Damage sounds pretty minor, but maybe your description does not do it justice.

[tjr818]

That is why we check on our boat several times throughout the winter. We are lucky enough to be within a 45 minute drive. No matter how slight the damage, I would definitely let the yard manager know about it. Give him (or her) the chance to offer a solution. The manger might step up to the plate and fix it.
If not, then you have to weigh your options. Good Luck.

[Skeep]

Well now, who rolled it up? What is damaged? Why was it not visited? What to do? Disconcerting for sure on all fronts! Hope that your vessel is ok nonetheless!

[David Morton]

Seems to me that one of the reasons to succumb to the cost of boatyard storage is to assure that someone is watching over the boats. $1000+ should buy you more than just a few square feet of ground. I would indeed talk with the yard manager and try to ascertain why no one seemed to notice or care that your boat was exposed. If you don't get a satisfactory answer, I'd start looking around for another option for next winter.

David

[Jim Walsh]

That would really @@@@ me off. The difficulty is in assigning blame. I'd invite the manager to witness what you presume to be his negligence and see what he offers. Luckily I live less than an hour from my boat so I visit frequently. If you had been considering another boatyard this would solidify the decision for me.

[Maine_Buzzard]

November until now?? The yard is certainly at fault, for not maintaining proper oversight.

We'd still be shoveling snow out of the cockpit up here...

Show the manager the rolled up door, and damage to the boat. Then wait for his response.

Have the yard do the minimal amount of work needed to depart and never go back.

If they admit fault and correct, attach an AED to your chest and press the green button.

[Jim Cornwell]

To its (partial) credit, the boatyard has already apologized in response to an initial email from me. So there will be no question of responsibility. I'll be back this week to start spring work and I'll negotiate repairs to the teak rubrail, evidently damaged by months of intermittent immersion in ice and repeated freeze-thaw. Pretty ugly at the moment - and hazardous, with splinters protruding fore and aft.

On the positive side, Yankee enjoyed excellent ventilation last winter. Never smelled so sweet below!

Despite the long drive (2-1/2 hours), I'll certainly be making periodic visits in future winters. I do envy those of you who can easily visit your boats during layup, if only to give them a friendly pat! Jim.

[Sea Hunt Video]

Jim:

Sounds like things are progressing well with the boatyard initially taking responsibility.

I would recommend that you take many detailed close-up photos of the areas that are damaged as well as photos of a few similar areas that were not damaged - for comparison purposes. This will help to avoid the boatyard later saying "Oh, that damage is wear and tear, not our negligence." When you have an identical area that was covered to show the difference it is hard to make a "normal wear and tear" argument.

Also, as I am sure you know, water expands when it freezes. Not sure if you have that situation in Oxford, Md., but if water, rain, snow got into the cockpit area it may have frozen and damaged stuff (technical nautical term ) that is not readily apparent.

While the boatyard manager may verbally say to you that "we are responsible", this may change once the actual costs of repair are determined. If the acknowledgement of responsibility came in an email (in response to your initial email) you definitely want to save this email string should things "go south". If the acknowledgement did not come in an email from the boatyard I would send a second email confirming whatever it is the boatyard manager (or other person) said to you. For example, "This email will confirm that on [such and such a day] you told me [insert whatever he said]. I am relying on this statement by you." Make sure you are dealing with someone with the authority to bind the boatyard to whatever he says.

Between your photos taken now and the email correspondence, you should be in a good position to force the boatyard to take responsibility for their mistake should they shortly decide to deny responsibility.

Disclaimer: I am NOT an attorney. However, I did play one on TV and I stayed at a Holiday Inn Express recently.

[Jim Cornwell]

Thanks, Robert! I think I'm dealing with a reputable yard and stand-up folks. But, having not been born yesterday (or even several days before that), I am laying down a paper trail and keeping records, including photographic ones as you suggest! Jim.

[Jim Cornwell]

Post script: Without any hesitation, yard manager took full responsibility today for damage his crew caused and will replace a three or four foot section of rubrail in time for launch in early May. Relief! Now, on to paint prep! Jim.

[Jim Walsh]

Good for you, Jim. I also applauded the yard manager for doing the right thing.

[Skeep]

Jim, you lucky Yankee you!

[Oswego John]

Nuh huh. With the Yankees it is outstanding skill. It's the Boston Red Sox that are lucky.

O J

[Sea Hunt Video]

Nuh huh. With the Yankees it is outstanding skill. It's the Boston Red Sox that are lucky.

O J

"Mr. Dunn":

I have reported your post to the webmaster as offensive, unbecoming and inappropriate for this high class website.

I have also reported your post to the current Commodore of the CDSOA. He is a true Boston Red Sox fan. I am confident he will not be pleased with your disparaging and hurtful remarks. He is also a personal friend who I am sure will take action to sanction your conduct. The last time I saw him he was wearing a Red Sox cap and jersey. I doubt your comment will be well received by the Commodore.

We have a three game at home series coming up with the hated Yankees 01-03 May. Let's see how "skilled" the Yankees are then when they face the awesome Red Sox.