No matter how we romanticize the relationship with our boat, it is still a machine. And like any piece of machinery, it doesn't always operate as intended. Seals fail and hoses burst, filters clog and batteries die. If you want uninterrupted weekends of blissful boredom, stay at home and watch the grass grow, right?
Still, boating shouldn't be an exercise in mechanical and financial frustration. So when the problems begin to mount to the point where you launch, drive and then break down a lot, it may be time to stop and take stock of your problems.
To evaluate your boat's defects, list how many times it's been in the yard and when.In some cases, you may be entitled to repairs or reimbursement, either under warranty or by compelling the manufacturer to shoulder the costs. This is by no means a universal solution, and the outcome of each situation will depend a great deal on the details and circumstances surrounding the case. But understanding your vessel's warranty and your rights under the law can go a long way toward insuring that the family boat does not become an unnecessary drain on the family finances.
START WITH A LIST
Being objective is easier said than done, because boating is usually wrapped up with your dreams. Many of us waited years – perhaps almost a lifetime – for our boats, and when they are not perfect, little things become magnified.
Some boaters may be tempted to file a lawsuit. However, if you think boating is expensive, litigation is worse, so before you take a costly plunge, make a list of the defects you have found and sort it by date. This serves two purposes. First, it lets you objectively consider your boat's ailments. Believe me, seeing "scratched cabinet handle" written next to "broken transmission mount" will help turn a seeming mass of insurmountable problems into a list of not-so-serious and oh-so-serious issues. Second, arranging the list by dates reveals how the boat performed from season to season and helps determine whether your boat is really breaking down all the time.
After you've made your list, see what defects you can chalk up to being the annoyances of a complicated piece of machinery. For example, if the galley cabinets begin to rattle when you're underway, it's not worth getting bent out of shape over; it's probably just the result of screws working loose after encountering a few seas. When you're done parsing the list, consider having your spouse or a boating friend review it, as they may have a much more objective view.
Next, consider what's left. Are the problems you're staring at ones that you caused? Did the strut fail because you beached the boat for that family cookout? Or are the problems identified by a repair facility as manufacturing or design issues? If you have a series of meaningful problems or a single meaningful problem for which a cure hasn't been found, then you might have a defective vessel.
As a last measure, don't leave the analysis solely up to your efforts. Go online. Among other resources, the United States Coast Guard maintains an Internet site where consumer safety reports on defective vessels can be accessed along with a database of vessel and equipment recalls. In addition, the BoatU.S. Consumer Protection Bureau does a yeoman's job of tracking vessel owner complaints and provides a searchable database of recalls, defects and manufacturer responses.
GETTING DEFECTS FIXED
As with barnacles or yellowing gelcoat, there are courses of action you can take in the face of a defect. You may seek repair under warranty, seek repairs and reimbursement from the manufacturer, or file a lawsuit to force the manufacturer to pay for repairs or, in some instances, take back the vessel. The key is determining which solution fits.
In most cases, your vessel's insurance excludes coverage for manufacturing or design defects. Still, giving your broker a shout and explaining the circumstances may be helpful. No doubt, your insurance broker has encountered a broad array of vessel defects and may be able to provide the names of potential experts, information on similar cases, and perhaps the names of an owner or two with the same or related problems.
Let's consider warranties first. If you bought a new boat, it likely came with a warranty; if you bought one second-hand, you should check whether the warranty was transferrable – and that it was indeed transferred to you. If the defect is covered under warranty, bring it to your dealer's attention for repair. It's always a good idea to document – say, in an e-mail or by fax – that you delivered your boat on a certain date for repair work and document again when the vessel is returned to you. Why? If this repair is the harbinger of a long list of problems, you will be able to subsequently show in an organized fashion when and for how long your vessel was with the manufacturer for repairs.
If you're not covered by a warranty, you may have to pay for repairs up front. Still, your goal should be to identify any defects and compel the manufacturer to shoulder the cost of those repairs. To that end, have the defect identified in writing by a reputable boatyard, along with a proposed repair estimate. If you are friendly with a surveyor, see if you can get a statement on his or her letterhead (perhaps for a nominal fee) supporting your claim that the repair is associated with a manufacturing or design defect and asserting that the repair estimate you have is reasonable.
