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msrcal36 · 24-05-2015, 08:20

Return the boat get your money back. This will plague whoever owns this boat for years. Why always worry about something you work so hard to achieve?

captaindanger70 · 24-05-2015, 08:23

Hey Dude,
Why go through any more pain? Here is the name of a great Maritime attorney on Shelter Island that has experience with this type of case. Philip Weiss, Attorney at Law, Phone number is 1-619-225-8884. He just concluded a similar case for me and I know he can solve your issue.
But don't fret, your issue is more cosmetic than structural but is still a bear to fix and may not be resolvable by the Manufacturer. Be prepared to be in it for the long haul and get in touch with this guy and continue to use the boat till your satisified. I am sure the manufacturer does not want to go to court, and in te end you will prevai.
Good luck in your trek.
Donald

S/V Alchemy · 24-05-2015, 08:26

Quote:

Originally Posted by Snowdrop

We have just taken delivery of a 50 foot cruising yacht. She is brand new. Only motor sailed for 10 hours total since handover in very light winds and sea conditions. During the journey we experienced severe vibration and noise. Headed for nearest safe port where we are forced to stay.

Upon investigation we initially found cracks around the anti slip near the traveller. Next day we found another 28 cracks . We went out on a sea trial two days ago only to come back to port to find even more. This vessel now has over 30 separate fractures on her coach roof. These are on both sides.

Frankly I want to hand the boat back. I have been told not to sail her in strong winds by a surveyor. - so what's the point if she is not fit for purpose? The suggested repair process is is to cut off the foredeck and replace the anti slip. Sounds a massive job. Why should you have to tolerate this on a two day old boat?

Where do you stand legally? Manufacturer wants this to be a warranty issue.

To be blunt here, at what point in the shopping process for a half-million dollar boat did you not hear talk about "most modern production boats are meant to be tied to a dock with the A/C on...they aren't actually meant to sail?"

With only a few exceptions, I haven't considered a production cruiser examined even in a cursory sense at dock or boat shows "fit for purpose" for nearly 15 years. The beancounters, not the boatwrights, run the show these days.

S/V Alchemy · 24-05-2015, 08:30

Quote:

Originally Posted by Hawkeye

Kinda stuck on the vibration issue. Of course, it almost doesn't matter - a new boat should survive getting a chunk of line caught on the prop, but if you know what the vibration was, it can be ruled out as an issue, which should be the first step. Without knowing the make and model, it is impossible to suggest looking anywhere else. Just off the top of my head I would say the entire deck structure is flexing something awful, maybe even visibly. Out in left field sits a problem with the gelcoat - too thick and too hot. Still, it shouldn't crack this fast.

If the boat is overtuned or is structurally insufficient or the shaft is misaligned (or all three), that could start cracking the gelcoat and leading to "bad vibration". If the boat's trying to pull itself apart after 10 hours, it's more than a cosmetic issue.

**s/v Beth** · 24-05-2015, 08:55

I'm with Ann on this one. Either new boat (lawyer up and prepare to pay) or money back.
If you accept a "fixed" boat you better have a whole new deck.

Cheechako · 24-05-2015, 09:26

First... you need to determine the vibration issue. It may or may not be related to the cracking. You just kept running the boat with a severe issue? I cant imagine any vibration (if the boat keeps going!) that should crack the coachroof. In fact, it's possible that engine alignment etc may be an "owner required maintenance". (not saying the manufacturer didn't screw this up!) It could be the cutlass bearing was never secured, the prop shaft could have been bent in launching etc etc.
Was the boat "commissioned"? By who? The builder or a broker?

Second, you need a pro to diagnose the cracking issue. It's possible the coachroof resin mix was out of whack and very brittle and defective. ( I have seen one of the most highly touted US made boats delivered to the local selling office with severe deck cracking form a hot mix resin)

Third: whatever the issue is, I would try to resolve it with the builder in an amicable way first. Make an appointment and sit down with the company president if you can and explain your issues, how much you spent etc. He may be unaware and ready to kick someone's ass for all you know.

foothillsailor · 24-05-2015, 09:42

It will depends upon the terms of sale and whether the manufacturer's warranty replace those at common law or under consumer protection statutes....and that will depend upon both the wording in the warranty and the laws in your jurisdiction.

At common law there is usually an implied warranty that the goods are fit for their intended purpose and of merchantable quality...but as I said that may be replaced or supplemented by

Not trying to be smart or unsympathetic but if you can afford a 50ft yacht then you can surely afford the advice of a good lawyer who not only can tell you what your rights are but also help you negotiate through the mess rather than looking for free advice from a bunch of questionable 'authorities' as on this forum.

At the very least do the following immediately (1) confirm things in writing with the manufacturer (2) make notes immediately after all meetings, conversations telephone calls w=as to what was said (3) take lots of pictures (with tape measure in the pictures showing dimensions (4) get an extensive report from a good surveyor who could appear as an expert witness if and when th sh*t hits the fan it will) (5) get 2 or 3 repair estimates ....do all this while rushing off to your lawyer

Just my 2 bits

Steadman Uhlich · 24-05-2015, 10:02

Quote:

Originally Posted by Cheechako

First... you need to determine the vibration issue. It may or may not be related to the cracking. You just kept running the boat with a severe issue? I cant imagine any vibration (if the boat keeps going!) that should crack the coachroof. In fact, it's possible that engine alignment etc may be an "owner required maintenance". (not saying the manufacturer didn't screw this up!) It could be the cutlass bearing was never secured, the prop shaft could have been bent in launching etc etc.
Was the boat "commissioned"? By who? The builder or a broker?

Second, you need a pro to diagnose the cracking issue. It's possible the coachroof resin mix was out of whack and very brittle and defective. ( I have seen one of the most highly touted US made boats delivered to the local selling office with severe deck cracking form a hot mix resin)

Third: whatever the issue is, I would try to resolve it with the builder in an amicable way first. Make an appointment and sit down with the company president if you can and explain your issues, how much you spent etc. He may be unaware and ready to kick someone's ass for all you know.

Without seeing the cracking or experiencing the vibration and initial sailing, it is speculation on our part.

But, I think Cheechako's advice above is the best so far.

Also, because we are all so curious, can you post some photos of the cracking (closeup photos)? You do not have to reveal the name of the maker or model.

Good luck!

Snowdrop · 24-05-2015, 10:12

Thank you for all your kind words and advice - they are appreciated.

We have been told that the vibration issue may be down to a wooden bulkhead settling into place. There may be something to this as the noise and creaking has reduced significantly. But I remain sceptical about this explanation as the cause of the multiple fracturing.

Consumer law with regards fit for use, and free from minor defects etc... gives me some hope while investigations are underway.

Ironically I am starting to hope matters deteriorate to such an extent that a repair given the guarantees that will be required, will simply be not cost effective. Though perhaps I'm clutching at straws.

ontherocks83 · 24-05-2015, 10:24

Quote:

Originally Posted by colemj

More mainstream than Bene? Cat or mono?

I think your first course of action will have to be letting the manufacturer treat it as a warranty and give a good attempt at making you happy. Perhaps you should try to get them into an agreement that a surveyor chosen by you will be involved in isolating the problem and assessing the fix?

Mark

Hey hey hey definitely not a Catalina. They dont make a 50 footer any more.

I'm guessing Hunter or one of those French ben/jean type boats with the ikea made interiors. Yup definitely more likely one of those rather then my precious Catalina

colemj · 24-05-2015, 10:25

Bulkheads don't "settle into place" on boats. If they are floating free, then they were not constructed/installed properly. A moving bulkhead is one of the most alarming things that can happen on a boat. Provided we are not talking about a non-structural shelf/divider or similar.

Mark

colemj · 24-05-2015, 10:26

Quote:

Originally Posted by ontherocks83

Hey hey hey definitely not a Catalina. They dont make a 50 footer any more.

I'm guessing Hunter or one of those French ben/jean type boats with the ikea made interiors. Yup definitely more likely one of those rather then my precious Catalina

Cat = catamaran in my post. That wasn't clear to me then, but it is now.

Mark