Caribbean Compass Yachting Magazine - May 2018

AVOID DAMAGE DONE AFTER THE STORM
by Joan Conover
MAY 2018 CARIBBEAN COMPASS PAGE 30
Last year’s hurricane season was difficult
for many. But one cruising couple
found out that damage to their boat continued
after the winds stopped. All boaters
should review the lessons learned
from their story.
This couple had their yacht hauled out
in a “hurricane approved” boatyard, tied
down and appropriately prepared to weather
normal storm conditions — sails off,
canvas down, but mast in place.
As soon as possible after one of the big
hurricanes hit that location last
September, they tried to contact the boatyard,
unsuccessfully for a while. When
they made contact, the boatyard asked for
a credit card number to cover the month’s
storage costs, but provided no word on
the condition of the vessel.
The boat owners finally found drone
footage on the internet, showing the vessel
off its stands, dismasted and damaged.
In their negotiations with their
insurance company, the boat was considered
totaled, but the owners purchased
her back. The owners then continued to
pay storage fees to the boatyard, and also
paid several thousand dollars to have the
boat put back on stands. The yard had
the keys to the boat, and the boat owners
also paid to have the inside of the boat
cleaned and to have the engine starter
motor repaired.
In March of this year, the couple arrived
to start working on boat repairs, which
were going to be extensive as the hull had
been holed and rainwater had also found
its way inside. On checking the work done
by the yard, the interior cleaning was not
done well and the starter motor was inoperable
(the bushings were frozen).
But worse, they were shocked to find
the boat was being cannibalized — the
refrigerators and compressors had been
cut out! Gear such as handheld VHF, binoculars,
etcetera, was missing. (They did
get the refrigerators back, but no one took
responsibility for wiring replacement.) The
removal of items from the yacht was not
done by looters, as the keys under the
boatyard’s control were used.
It is assumed that workers at the
yard, or the yard management itself,
considered the vessel to be a total loss
and took advantage of the situation.
However, that does not explain the
removal of personal items or boat gear
in a vessel whose storage charges were
being covered by the owners, and
’They were shocked
to find their boat
was being cannibalized‘
NOAA
whose keys were under the control of
the boatyard management.
Rather than taking legal action against
the boatyard, the owners patched the
hull, purchased and installed a new
engine starter motor, and transported the
vessel back to the Med, where they said
the repairs would be much less expensive
and “would be done right”.
Lessons learned from this story:
• Ask if the boatyards you are considering
using have written storm plans, and if
so, review those plans.
• Have a contract that covers the
responsibilities of the boatyard in case of
a hit from a named storm. The contract
should include a plan for contacting you
within 24 to 48 hours regarding the status
of your vessel. (Any responsible boatyard
should have a sat phone or other
device for use when cell and internet service
is not available.) Most boatyards are
legit, and work with owners in difficult
situations — but get it in writing.
• Make an itemized inventory, and do a
video walk-through of your vessel with
the yard manager or staff, to document
personal belongings and other onboard
items. Give copies of the inventory and
the video to the yard manager, and have
them acknowledge receipt of the inventory
prior to locking up the boat and giving
them the keys. Make sure the boatyard
acknowledges that ALL boat items
are considered under their protection,
and that the yard is responsible for any
items removed.
• The boatyard should, as part of your
contract, be able to immediately provide a
written log of all yard personnel or contractors
who have accessed the vessel or
checked out the keys, with dates, the
name/address/contact information/
insurance of the company they work for,
who in the boatyard authorized the
access, and why key access was required.
(By “immediately”, it’s meant to be a log
that is not created after the fact.)
• Do a reverse walk-through of your
vessel on resuming control from the
boatyard. Once you take the keys and
the boatyard steps back, you have no
case to claim loss or damages after
the fact.
• Discuss the above with your insurance
company; make sure they have not
had any issues with any boatyards you
want to utilize. They have as much to lose
as you do.
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