What to do if I spent $2200 in boat services engine repair but the next day within 15 minutes of operation the drive failed catostrophically?

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What to do if I spent $2200 in boat services engine repair but the next day within 15 minutes of operation the drive failed catostrophically?

I am interested to know if there is any type of implied warranty on the boat services provided. I read the paperwork authorizing the company to perform the services and the language is vague. I feel they need to make me whole with my boat repair. Within the first 15 min of operation the boat failed. I did not misuse, abuse or operate the boat in a manner it was not intended.

Asked on June 22, 2012 under Business Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

In Arizona, courts recognize an implied warranty of habitability and workmanlike perfornance, but that mostly has to do with contractors who build houses.  There is also an implied contract to make adequate and workmanlike repairs, but that would generally apply where there is no written contract.  In your case, your written agreement is going to trump an implied contract, unless it truly says nothing about the service provider's obligation to perform.  Finally, there is a claim recognized in Arizona for negligence in repair, but the problem with that would be you have to demonstrate damages (other than the cost of the repair).  I saw one case where a boat was negligently repaired and it split apart in the water -- a total loss.  It does not sound like your boat or you were further damaged by the botched repair.


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