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Last edited by scattered_grass; 03-17-2009 at 09:12 PM.
That sucks...I'm not sure how/why your father went past the 12 month contract date. (yes, I understand delays brought on by weather/shortage of supplies/etc.., but 2 years past agreed delievery date?!?!?! WTFO??? I don't care if it's a 14' duck skiff or a 100' mega yacht...a contract is a contract!! I am not a lawyer, and I didn't sleep in a Holiday Inn last night...but if there's a bonfied contract, it seems to me that you have grounds to get your money back and go somewhere else...just my un-solicited .02 cents.
If you have a contract that says the boat would be ready 12 months from the start of production you should be able to get your money back.
Besides the contract violation. You should mention the Name of the builder. No one should buy from them. If they Breached the contract you are entitled to your money back
Skirt you did right I would leave their names out of it. Contrary to the advice above, as a project manager in the construction industry who deals with contracts on a daily basis. I would just keep things to yourself until everything is said and done. You wont be doing your father any favors by bringing up the issue on a public forum and unless you know every single fact of whats going on you could open yourself and your father up for slander issues. Im not saying you shouldnt be pissed if they are that far behind, but I think you should let your dad handle things with the company. In these times God only knows whats going on and bad mouthing a company is just bad business.
Tell you dad to get an attorney. Then let the lawyer follow up on a resolution. What ever that might be, first by reviewing the contract for delivery specifics and remedies.
Get a very good lawyer and start with a formal demand letter. If my guess is right the contract is not very tight and therefore you need to begin laying your paper trail. I agree (with previous posters) that the builder is probably not in the best financial shape and may not have the means to finish the job which could explain the lack of machinery.
Starting the process now will help you to recover any work-in-progress, funds, deposits etc made on your behalf. The sooner you start this process the sooner you stop the bleeding. A demand letter, whether aggressive (refund my money!) or less so (please provide plans and proof of means to finish the job) is where I would start.
hate to say it but "OH BOY"
If it was me...after the first 6 months beyond the stated completion date (estimated)..there obviously was some conversation about the delay somewhere during that period, at that point, it would have been logical to either ask for a refund less completion of the the hull cost to date..and find someone else to finish her..if that didn't work thru friendly negotiation..time hire a good maritime lawyer and get the ball rolling.
Why would your Dad wait almost 2 years? beyond the completion date?
Something doesn't add up..I'm sure he's a smart man..but in life there is always 2 sides to a story..the one you see on the surface and what really is happening behind the scenes..
My guess is he was being a "nice" guy..but biz is biz..sorry for your dilemma.