THE ZEN OF MARINE MAINTENANCE
Keeping Inner Tranquility In Boat Repair
INTRODUCTION
Owning a boat is a source of recreation, enjoyment and satisfaction. A part of that enjoyment and satisfaction is keeping the boat in ship-shape condition. To do that, most boat owners will need the assistance of a marine service professional at some point, whether for a simple haul-out, repairs or improvements. This brochure was prepared by the Marine Trades Association of Maryland, in cooperation with the Office of the Attorney General of Maryland, to provide you with information to make your marine maintenance experiences positive ones.
PLANNING MAINTENANCE
Routine Maintenance.
Routine maintenance is the key to safe, trouble-free boating. It’s a good idea to make up your own routine maintenance schedule, based on suggestions from your marine service professional, surveyor, owner’s manual and from boating books or publications. Identify necessary maintenance tasks and coordinate them to fit your boating schedule.
Improvements and Major Repairs.
Plan improvements and major work carefully. Advance preparation will help you understand the time that may be involved and the total cost associated with the work. Discuss the work in detail with the service provider, and consider seeking the advice of a qualified marine surveyor for major projects.
CHOOSING A MARINE SERVICE PROVIDER
Factors to Consider.
Picking the service provider for your boat is perhaps the most important choice you will make. It may not be as important as choosing your child’s pediatrician, but it’s close. Just as in picking a doctor, consider credentials, references, and experience. Visit the facility if possible; its condition may tell you a lot about the work ethic and practices of the people who work there.
References.
Check references and certifications. Certifications from trade and professional associations, manufacturers and others may show a commitment to quality and experience in specific areas. Talk to people who have actually had work done by the facility. Consider the source of information, both good and bad, and make up your own mind.
Cost.
Although some standard services, such as hull painting, can be compared for price, most marine work is billed on a "time and materials" basis. Because service rates do not usually vary widely, the best bargain is to find a facility with the commitment to quality, experience, and skill to do the job promptly and correctly.
Finding the Right Match.
Most importantly, find a repair facility with whom you can work comfortably, whom you can trust, and with whom you can communicate well. It’s your money – you have a right to be happy.
WORKING WITH THE SERVICE PROVIDER
Estimates.
Because of the range and complexity of marine systems, it may be difficult for a repair facility to offer a solid estimate of the cost or time involved in a project. Estimates are possible if assumptions can be made with regard to the ease of access to systems, the certainty of the problem, and the absence of impediments to the work. The more accurate the assumptions are, the more accurate the estimate will be.
Communication is the Key!
The key to a successful maintenance or repair experience is good communications. Be straightforward in your expectations, concerns, and criteria. Discuss how often the facility should call you and how far it should go without further authorization. If your job or other activities will prevent you from keeping in touch, set out clear guidelines for making service decisions. The better the service provider understands your wishes, the happier you will be.
Keeping Records.
Keep everything in writing. Written communications ensure that the service provider receives what you mean to communicate. With oral communications, you may say one thing, and the other person may hear something completely different. If something does go wrong, the written record will be the basis for any resolution.
Trust, but Verify.
As in nuclear defense, you must have a high level of trust with your service provider, but that trust will be enhanced if you verify the work. For big jobs, hire a surveyor to provide quality assurance. The expense will be a fraction of the total cost and will be money well-spent. For smaller jobs, be sure that you go over all work done prior to acceptance of the work. Don’t rush your review, and don’t hesitate to ask questions. A good service provider will appreciate your interest.
QUESTIONS AND CONCERNS
A Boat is Not A Car.
Because boats are built with a wide range of inter-related systems and designs that operate in a harsh environment, boats repairs frequently encounter unexpected delays, such as corroded fasteners obstructions, or weakened support structures. As noted above, good communications will identify potential roadblocks in advance, and will help resolve unexpected delays quickly and satisfactorily.
A Matter of the Heart.
For many, a boat is more than just fiberglass, wood or aluminum, it is an emotional investment. Most boat repair persons understand this, but some forget. Don't hesitate to remind them. At the same time, although it may be easier said than done, try to remember to stay objective about your boat. Damage can be fixed and scratches can be repaired. Your repair facility wants you to enjoy boating and be happy. Stay calm.
Don't Be Shy; It's Your Boat!
While understanding is important, you have every right to demand the best possible care for your boat. You have invested your money, time, and heart into your boat, and you want it to be properly treated by maintenance professionals. If you have a question, ask. If you have a concern, tell them. If you don't understand something, make them clarify it. It's your boat and it is the repair facility's job to satisfy you.
WHAT IF THERE'S A PROBLEM
It's a Contract.
A boat repair arrangement is a contract for services. The terms of the contract can be based on oral discussions or a written agreement (which is MUCH better). The contract is enforceable based upon the common understandings of the agreement. The boatowner has an obligation to pay for the value of the services provided, based either on the agreed contract amount, the agreed contract rate, or the fair value of the work. The repair facility has an obligation to provide good "workmanlike" performance of its repair obligations.
Evaluating the Situation.
If you encounter a problem with a boat repair or maintenance agreement, talk to the repair facility. Communicate your point of view, but also make an effort to see their point of view. Look at what was communicated, what they did, and what happened. Most problems can be resolved by reaching a common understanding of the true facts.
Lien on Me.
Some boat owners who get upset with repair facilities withhold payment for repairs. Repair facilities that provide services to a boat have a legal right to exercise a lien over a boat in their possession for the value of the services provided. They can also have the U.S. Marshals seize a vessel if the owner doesn't pay for services or supplies. If you have a dispute over a repair bill and can't work it out immediately, offer to put the payment into escrow pending a resolution, or take advantage of some of the remedies below.
Remedies.
If the problem can't be solved directly, you have many options for help. State, industry, and private organizations offer mediation and arbitration services to resolve minor disputes. Because of the cost, stress, and time required, legal action should be a last resort, but it is an option for more serious problems. Maryland district courts have a small claims procedure for complaints with a value of less than $2,500. If a greater amount of money is at stake, you may choose to seek alternative dispute resolution using the Maryland Office of the Attorney General and others or you may consider consulting an experienced attorney for advice on filing suit. In most cases, the remedy for poor performance by a repair facility will be reduction or elimination of the bill. If the facility damages the boat, then it will have to pay for the damage. Keep in mind that even if the facility does some work poorly, it will still be entitled to payment for any work done properly.
RESOURCES
Maryland Office of the Attorney General ("OAG").
A boatowner with a complaint against a repair facility can initiate a complaint by calling the OAG Hotline at (410) 528-8662, or through the website at www.oag.state.md.us/consumer. The OAG provides mediate and arbitration services at no cost to the consumer. If you receive an award and the company refuses to pay, the division will offer assistance in enrolling it as a judgement.
Marine Trades Association of Maryland ("MTAM").
The MTAM is a voluntary organization of boating-related businesses that, among other things, works to promote the highest level of responsible business practices in Maryland's recreational boating industry. A boater with a concern about a Maryland marine repair facility can call the MTAM for assistance in resolving a dispute or for information about Maryland's boating industry. The MTAM offices can be reached at (410) 269-0741 or through the MTAM website at www.mtam.org.
American Boat Builders and Repairers Association ("ABBRA").
The ABBRA was established to promote the professionalism of the marine service industry. ABBRA staff may be able to offer assistance with regard to work performed by ABBRA members. ABBRA can be reached at (410) 604-0660, or through the ABBRA website at www.abbra.org.
Boat Owners Association of the United States ("BOAT/US").
BOAT/US has a consumer protection bureau to provide information and support to members in conjunction with the BetterBoat program sponsored by boating industry associations. It also has a dispute mediation program to resolve problems between consumers and marine dealers, manufacturers and service providers. BOAT/US can be reached at (703) 461-2856 or through its website at www.boatus.com.
Lawyers.
For boat-related legal concerns, choose a reputable lawyer with maritime experience. The MTAM has a number of member-attorneys knowledgeable about the boating industry. Local bar associations maintain referral lists of attorneys and their practice areas. Most lawyers will speak with a potential client briefly, without charge, to see if they will be able to help. Because the attorney-client relationship involves a high degree of trust, be sure that you are comfortable with an attorney's experience, approach, and style before retaining that attorney to assist you with any matter.
