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Old 11-25-2018, 04:01 PM   #61
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No bilge pump is designed to cope with swamping. ABYC is clear re. pumps purpose; dewatering rain and spray. They are not designed for damage control.

Builder has a Warranty to fall back on. IN the US, there would be an immediate tort filed on Implied Warranty for Merchantabilty and Implied Warranty for Fitness. Have no idea how Canadian law works.

Canada's typical boat warranty is hull and deck for defects and workmanship. If you can prove defect you get a new hull and deck. Canada's typical boat warranty explicitly excludes engines and "Any defect caused by the failure of the owner to provide reasonable care and maintenance;"

We can not form an opinion about bilge pumps as the surveyor did not test the operation and the schematics are too confusing. Probably not relevant as they aren't designed to prevent sinking.

Neither can we form an opinion about how the boat sank. The owner was asleep so would not be allowed to testify about the height of the waves or how the boat sank. The surveyor would not be allowed to offer his opinions in a US court as he doesn't appear to have any credentials or certifications that would qualify him as an expert witness.

Cutwater will probably offer buyer the cost of the defense to settle, enough to pay his atty and replace his electronics. Buyer can then move on.

Don't anchor stern to.
A better suggestion is to not buy a Cutwater with outboards. I’m pretty sure that my Hatteras will not sink if I have bow and stern anchors deployed and the wind or tide changes......

Although I AM currently tied to a face dock with the stern to the waves and wakes. Is there any chance we will fill with seawater and capsize while we are sleeping? Maybe we should stay in a hotel tonight?
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Old 11-25-2018, 04:02 PM   #62
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Surveyors and licensed captains are used as expert witnesses all the time.... I have been asked on multiple occasions in law suits and criminal cases.
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Old 11-25-2018, 04:03 PM   #63
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No bilge pump is designed to cope with swamping. ABYC is clear re. pumps purpose; dewatering rain and spray. They are not designed for damage control.

Don't anchor stern to.
Perhaps read the survey report.

1. An open deck aluminum boat was tied to the same dock and actually tied stern to, but had no water in it. So, what a 14' Lund can handle, a 30' Cutwater cannot without sinking.

2. No swamping occurred. The place the water entered the sponson was the only place it could have - through a bilge pump outlet under the transom. Any minor wave would be compressed under the transom and put pressure on that outlet. According to the surveyor (both of them), the "flapper valve" intended to prevent ingress of water was inadequate.

3. The idea that you shouldn't tie up stern to without exposing a vessel to sinking is an argument that the vessel is hopelessly badly designed.
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Old 11-25-2018, 04:06 PM   #64
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Except that the operator's manual says the bilge pumps will operate regardless of switching. The user will argue they relied on that, which was either false information, or the pumps were incorrectly wired. As noted above all of this is negated by the wiring diagram, but I doubt the argument the user should have traced through the wiring diagram rather than relying on the clear word of the manual will offer much relief for the builder.
I'm just saying Ski pointed our a defense they may use. Not saying it's a valid argument or any are.

Likely a lot of lawyers going to get involved and very little accomplished. First arguments, which could take many months or even years would be the venues and the parties. That's before arguing about the facts. Don't get me wrong, I think the boat is poorly designed and built and that likely lead to the sinking but I think the buyer's very much lacking in knowledge and judgment.

I've known of very legitimate and clearcut suits against builders and they've taken years.
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Old 11-25-2018, 04:38 PM   #65
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I'm just saying Ski pointed our a defense they may use. Not saying it's a valid argument or any are.

Likely a lot of lawyers going to get involved and very little accomplished. First arguments, which could take many months or even years would be the venues and the parties. That's before arguing about the facts. Don't get me wrong, I think the boat is poorly designed and built and that likely lead to the sinking but I think the buyer's very much lacking in knowledge and judgment.

I've known of very legitimate and clearcut suits against builders and they've taken years.
I think what might simplify this one for the plaintiff is that this design defect is so problematic that Cutwater will need to make changes to the design to prevent every one of these they sell sinking, and by that action, prove their own liability. Doesn't matter if that change in making the bilge pump bigger, improving the flapper valve or sealing the conduit penetrations - any change will be proof of defect.

Or, if the defect is that the bilge pump was improperly wired, at least based on the assurance of the operator's manual, liability should be pretty clear. Though I agree, no set of facts necessarily means quick justice if the defendant chooses to fight to the bitter end. I just wonder whether the cost of making this owner whole isn't going to be seen to be a lot less by Cutwater than the damage to reputation.
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Old 11-25-2018, 04:48 PM   #66
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Canada's typical boat warranty is hull and deck for defects and workmanship. If you can prove defect you get a new hull and deck. Canada's typical boat warranty explicitly excludes engines and "Any defect caused by the failure of the owner to provide reasonable care and maintenance;"

The surveyor would not be allowed to offer his opinions in a US court as he doesn't appear to have any credentials or certifications that would qualify him as an expert witness.
.
Having been involved in hundreds of insurance claims, warranty claims and dozens of court proceedings in Canada and 16 or 17 cross border cases, I can assure you that neither of these statements is correct.
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Old 11-25-2018, 04:48 PM   #67
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First off, great discussion on this " incident ".


I'm thinking that the owner of the boat may of lost several hundred thousand dollars over this... but had the boat dumped its fuel tanks, oil in the motors, other "hazardous" contents on board the loss suffered by the owner could have tripled in cost.



I have owned plenty of boats that I chose to accept the risk of loss of the vessel.. but have never remotely considered not carrying liability to cover me for damage to other boats, spills, fire that effects other boats etc.
Luckily they learned their lesson on a "small" boat before they moved up in boat size.
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Old 11-25-2018, 05:10 PM   #68
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Surveyors and licensed captains are used as expert witnesses all the time.... I have been asked on multiple occasions in law suits and criminal cases.
Agree, but...

Alec Spiller, Marine Surveyor
Spiller Marine Services

or

Port Credit Marine Surveys
Wallace Gouk
Society of Accredited Marine Surveyors, Seal #757
ABYC® Standards Certified, #10952
ABYC® Certified Corrosion Analyst
Transport Canada Licensed Master
Transport Canada Tonnage Measurer
BoatUS® Approved Marine Surveyor

It is completely up to judge as to who is an expert witness. I expect the defense would vigorously contest Spillers qualifications while running up the plaintiffs bill. (Spiller is actually a cargo surveyor)
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Old 11-25-2018, 05:19 PM   #69
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Having been involved in hundreds of insurance claims, warranty claims and dozens of court proceedings in Canada and 16 or 17 cross border cases, I can assure you that neither of these statements is correct.
"The limited warranties set forth above do not cover:

1) Engines, outdrives, air conditioners, and trim tabs;
2) Any boat that has been repaired or altered by persons other than MONTEREY BOATS or an authorized MONTEREY BOATS dealer or representative or modified in any way so as to affect its use and operation;
3) Any boat used for racing or for rental or commercial purposes or that has been subject to misuse, neglect, accident or structural modification;
4) Normal wear, tear, deterioration (including rust) of hardware, vinyl coverings, vinyl and fabric upholstery, plastic, stainless steel, other metal, wood, and trim tape;
5) Any defect caused by the failure of the owner to provide reasonable care and maintenance;"
ETC

https://www.montereyboats.com/MONTER...NADA-6-20.html

The statement is correct even though you may disagree with it. You may be able to pierce the warranty but at what cost? This will be settled by first court appearance
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Old 11-25-2018, 05:29 PM   #70
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Originally Posted by SoWhat View Post
"The limited warranties set forth above do not cover:

1) Engines, outdrives, air conditioners, and trim tabs;
2) Any boat that has been repaired or altered by persons other than MONTEREY BOATS or an authorized MONTEREY BOATS dealer or representative or modified in any way so as to affect its use and operation;
3) Any boat used for racing or for rental or commercial purposes or that has been subject to misuse, neglect, accident or structural modification;
4) Normal wear, tear, deterioration (including rust) of hardware, vinyl coverings, vinyl and fabric upholstery, plastic, stainless steel, other metal, wood, and trim tape;
5) Any defect caused by the failure of the owner to provide reasonable care and maintenance;"
ETC

https://www.montereyboats.com/MONTER...NADA-6-20.html

The statement is correct even though you may disagree with it. You may be able to pierce the warranty but at what cost? This will be settled by first court appearance
One cut'n'paste from one manufacturer does not make it "typical". Even then, in Canadian courts, most often merchantability will over ride any such wide ranging statements. I think to be "typical" it would have to involve hundreds of the 2,200 registered manufacturers who sell into Canada.
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Old 11-25-2018, 05:53 PM   #71
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Based upon my own experience, when my Nordavn46 fell off the jacks due to one employee, after 3 years, I settled with a loss, to me, of almost 100K.... then there was the attorney fees. So, I would have been better off taking their first offer and moved on.
One word of advice, tell the yard to put in a new jack before removing the old jack. IF the worker had first put in a new jack before removing the old jack, it would have prevented my Norhavn falling off the jacks. The fall pushed the port stabilizer into the owner's stateroom. Result, constructive loss.

When I contacted my insurance company before entering into litigation, they pointed out, I did not have coverage while in the yard. Ask your insurance company specifically, do you have coverage while in the yard. I assumed I did and I was wrong.
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Old 11-25-2018, 06:14 PM   #72
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True that the bilge pumps could not handle a swamping. But the control conduits in the photos would offer a limited amount of flooding due to an aft sea. The bulkhead penetrations were not sealed, but not wide open either. So my take on it (?? just from photos) is that there would be some water ingress, but the pumps could likely handle it. If they were operable.

The swamping came once there was enough bilge water to put the conduit penetrations completely under water, again with the pumps off.

Also possible the pumps failed.
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Old 11-25-2018, 06:25 PM   #73
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I always thought that Ranger Tugs and the new models based on the Cutwater design were good boats. Ignoring the issue of the outboards and the wire runs at the stern for the moment which may be particular to that model boat, the other issues mentioned by the 302 owner before the sinking (drains not connected, lots of water leaks, etc.) gives me great pause in considering buying one of their boats. If they cannot take the care to ensure that all the drains are connected (which is pretty basic stuff), then what else are they missing?

My wife is quite enamored of the Ranger 23, but now, who knows.
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Old 11-25-2018, 09:34 PM   #74
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My take aways from reading the entire story.

1. choose a dealer wisely, selecting a dealer or broker merits the same homework as buying any other system on a boat.

2. insure or not according to your own risk tolerance and financial situation.

3. Fluid Motion Llc has some explaining to do on the design.
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Old 11-26-2018, 05:36 AM   #75
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Hi. I rarely (almost never) post but I do follow interesting threads.
I don't own a boat, but I do own a trailer, a little one used mainly for garden rubbish and old Amazon boxes, so naturally I was interested in the condition of the buyers brand new trailer, particularly the wheel bearings. I was wondering who's fault it would be if the buyer, unaware of wheel bearing problems, had loaded his boat, hooked up his truck and taken off on a long trip, with the inevitable consequences. Should he have checked the wheel bearings as responsible boaters do or just assume that everything would be fine on a new trailer.
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Old 11-26-2018, 12:54 PM   #76
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I purchased a similar sized new boat in 2017 from a large manufacturer with a Bravo III outdrive, with a single Sahara 1100 bilge pump. Our boat had a transom shield assembly leak from day one in the water. My first tip that something was awfully wrong is the bilge pump went off while I was at the dock reading the owner's manual, and it hadn't rained in three days. For several months while we tried to figure this out (and through Hurricane Irma), the House Battery and the bilge pump kept her afloat - it is set up to run with Battery switch off. Finally, surveyor found transom shield issues and we fixed it. Constant running of the bilge for 16 months killed the House battery, replaced it last month. We could easily have sunk at dock had either the bilge pump or battery failed earlier. We were lucky.
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Old 11-26-2018, 03:29 PM   #77
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Cutwater apparently knows they have a problem. I forwarded the blog & this thread to a buddy with a 302 outboard powered Cutwater. His was already on the way back to the builder to have the problems corrected.


Agree with all on the negligence of the owner not carrying insurance. But Cutwater didn't build these boats as well as they should have.
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Old 11-26-2018, 03:33 PM   #78
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Cutwater apparently knows they have a problem. I forwarded the blog & this thread to a buddy with a 302 outboard powered Cutwater. His was already on the way back to the builder to have the problems corrected.


Agree with all on the negligence of the owner not carrying insurance. But Cutwater didn't build these boats as well as they should have.
Is the "problem" the same on your friend's 302 or yet to be determined? Wonder if other non 302 OB models will prove similar.
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Old 11-26-2018, 03:38 PM   #79
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I'm thinking it's the same problems. In response to my sending the links to the blog and this thread. His words:

".... Cutwater is currently picking my boat up and bringing it back to the factory for mods. Definitely a problem....."
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Old 11-26-2018, 04:04 PM   #80
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I'm thinking it's the same problems. In response to my sending the links to the blog and this thread. His words:

".... Cutwater is currently picking my boat up and bringing it back to the factory for mods. Definitely a problem....."
So, essentially a recall of all of that model.
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