lien against boat

[boatowner]

I own a fairly large boat. It is about 20 years old. I hired an independent boat painter with a good repuatation to completely repair it. The local marina wanted about $30,00 but he said he could do it for about $18,000. I saw samples of his work and they looked quite good, albeit on much smaller boats. He didn't have a large boat painting facility of his own so he recommended an independent marina where I took it and paid for that marinas hauling my boat and placing in the paint area. He began work in early May 2004 and finally I called it quits in August 2004. The work was terrible. It truly devalued the boat. I had paid him $9000 up front in May. The remainder was due at completion. When he finally said that he could do no more I refused payment. I had other painters and even a boat surveyor view the work. I have a long list of what the professionals thought was wrong. Without a lengthy litany the paint had dirt and grit in it, and big drips.

I hired another crew, paid them $20000 and the removed every bit of paint that had been applied, sanded down the whole boat and then they redid the work. It took about six weeks. I just received notice of a lien placed by the first painter for the 2nd half of the payment. I had prevously told him that I wouldn't pay him because the work was so bad, but if he left me alone I wouldn't try to recover the original $9000. The boat is documented (registered) with the US Coast Guard and so his attorney filed the lien with the Coast Guard. Must I sue him in order to break this lien?

 

[Michael Wechsler]

Fortunately, you have a great deal of proof and a big bill to prove his shoddy work. You should probably speak to an attorney. It is likely that an attorney will send them a letter that you will consider suing for the $9,000 plus additional damages and that you have all the work and bills to prove your case. You may want to go for the gusto here and I think that you may have no other choice as ths might not go away easily. People have incredilbe nerve. A lawyer's letter will likely be the only way to go and might be enough to have this bad painter remove the lien and try to take advantage of the situation. Good luck to you.

I own a fairly large boat. It is about 20 years old. I hired an independent boat painter with a good repuatation to completely repair it. The local marina wanted about $30,00 but he said he could do it for about $18,000. I saw samples of his work and they looked quite good, albeit on much smaller boats. He didn't have a large boat painting facility of his own so he recommended an independent marina where I took it and paid for that marinas hauling my boat and placing in the paint area. He began work in early May 2004 and finally I called it quits in August 2004. The work was terrible. It truly devalued the boat. I had paid him $9000 up front in May. The remainder was due at completion. When he finally said that he could do no more I refused payment. I had other painters and even a boat surveyor view the work. I have a long list of what the professionals thought was wrong. Without a lengthy litany the paint had dirt and grit in it, and big drips.

I hired another crew, paid them $20000 and the removed every bit of paint that had been applied, sanded down the whole boat and then they redid the work. It took about six weeks. I just received notice of a lien placed by the first painter for the 2nd half of the payment. I had prevously told him that I wouldn't pay him because the work was so bad, but if he left me alone I wouldn't try to recover the original $9000. The boat is documented (registered) with the US Coast Guard and so his attorney filed the lien with the Coast Guard. Must I sue him in order to break this lien?