This is disturbing! (new Cutwater boat)

Okay, the question may have been asked before but I will ask it again.
Did he shut the batteries down when he left the boat?
I never shut my batteries down..... Others may disagree with me but, my boat, my batteries, I shall do as I wish. Your boat, you do as you wish.
At the dock, I am attached to shore power, have a 40amp battery charger and I have about 250 watts of solar panels to keep the house batteries charged.

OldDan1943 said:

Okay, the question may have been asked before but I will ask it again.
Did he shut the batteries down when he left the boat?
I never shut my batteries down..... Others may disagree with me but, my boat, my batteries, I shall do as I wish. Your boat, you do as you wish.
At the dock, I am attached to shore power, have a 40amp battery charger and I have about 250 watts of solar panels to keep the house batteries charged.

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Surveyor's report didn't says so and recommended testing, but based on the operator's manual, you don't need to keep a batter switch on since they were supposed to be directly wired to a power source. That guidance is contradicted by the wiring diagram, which shows the bilge pumps to be powered from a sub panel and thruster battery. Most owners aren't going to be electricians so would be expected to rely on the written word describing intended function. The surveyor expressed the opinion that the flapper valve that is supposed to prevent the inevitable water from sloshing into the sponson was inadequate. However you cut it, this Cutwater was very poorly thought out with the result that whatever the failings of the owner or dealer, the vessel capsized.

Interesting thread.



My take away is two-fold. The first is that the buyer was likely inexperienced and uninformed. That is unfortunate as it cost him dearly. I make purchase decisions all the time that are uninformed and full of assumptions that aren't necessarily true. Granted, not $400,000 purchases but...


Secondly, it certainly appears that there was a design problem with the addition of the outboards. As near as I can tell, if the penetrations had been water tight, there wouldn't be a problem. If the bilge pumps were wired directly, that would have mitigated the problem (until the battery died), but isn't a solution to a likely design issue.


This is a bad situation all around, one that will hurt both the buyer and the builder.

tiltrider1 said:

I am very confused about how he bought a boat at the Seattle Boat show from a Canadian dealer. Only the Seattle dealer is allowed to display at the Seattle boat show.

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Now, I'll preface this by saying, "I'm not saying your wrong", however that is unusual. The Show organizer is in the business of selling booths to vendors and selling tickets to attendees. The show organizer could care less about a vendors distribution rights.

In every other boat show I've ever attended, when there is more than one dealer present for a specific brand, they usually collaborate by sharing booth space. It is mutually beneficial. There is no point in both vendors hauling and displaying the same boats in two different booths.

When you enter that booth, they ask you your location. They usually designate you with a sticker, color-coded to the regional dealer. Everyone pitches in, but you're sent to your specific regional dealer when you start discussing pricing.

Delfin said:

Since there is no federal process whereby boats are "recalled" like autos, or at least none that I am aware of, my guess is that you will see a quiet fix applied to all Cutwaters of this model.

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USCG Recall program. Recalls

However, larger production boats generally and most builders like them would take steps without CG involvement.

Sort of like lemon laws where dealers would buy back before being forced to so they could then resell it as used without it being labeled a lemon buyback.

Not having insurance, did not sink the boat. I am speculating, that there was zero lien on the boat, and speculate that he has the wherewithal to self insure. As far as him being a jerk as one poster said, I know not. He did manage to take the boat from Port Alberni to Skagway, with no mentioned calamities. A feather in his cap for that. Why the boat did not just settle in the water supported by mooring line, I don’t know that either. He posted that after getting boat righted he moved it to his hangar. Does that mean the fellow flies? And in the Yukon. Might be smarter than a lot of posters are giving him credit for, just speculation though. Seem that both surveys, pointed out shortcomings in the design of drainage and routing of control lines thru the pod, I have no comment, as it would be speculation on my part. I would speculate that owner will pursue compensation thru the courts, and it will be interesting to see where it leads.

Note: Fluid has in fact had several recalls or cases but none serious. Most are boats at boat shows lacking labels or certifications or hull ID number. One is for sidelights, one for navigation lights.

There is no requirement for insurance for boats in Canada. I’ve never been asked for any in a marina or harbour.

Not sure why everyone keeps keying in on that fact.

At least we know it isn’t insurance fraud.

Northern Spy said:

There is no requirement for insurance for boats in Canada. I’ve never been asked for any in a marina or harbour.

Not sure why everyone keeps keying in on that fact.

At least we know it isn’t insurance fraud.

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Because most of us believe buying a $400k boat and not having insurance on it is unwise and had he had insurance, he'd be far more protected against this loss. There is something about screaming and yelling about a terrible loss when you chose not to be insured that is bothersome.

Also, had there been a fuel leakage, then the cost of the sinking would have dramatically increased.

BandB said:

Because most of us believe buying a $400k boat and not having insurance on it is unwise and had he had insurance, he'd be far more protected against this loss. There is something about screaming and yelling about a terrible loss when you chose not to be insured that is bothersome.

Also, had there been a fuel leakage, then the cost of the sinking would have dramatically increased.

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And just exactly what does that have to do with the boat sinking due to a design flaw? Absolutely nothing, why conflate two separate issues. Wrong is wrong is and if it is a design issue (which it appears to be) then it doesn't matter who incurs the loss be it the owner or his insurer.

Can anyone explain why a man who just spent $400k on a brand new boat should not think that it is ready to voyage? The individual concerned seems to be a pilot, could that have influenced his attitude given that a new aircraft of any sort would be fit for any trip at any time. Perhaps he hadn’t been brainwashed into accepting shoddy build quality and careless design as being acceptable to new buyers like seems to be normal for the marine industry. I see posters here saying that it is the buyers fault, since everyone knows that a new boat is delivered incomplete to the point of needing a marine survey prior to acceptance and actual useage. How did this state of affairs become normalized?

Boat owner is the CEO of a heli sports company, divides his time between Yukon and Switzerland. If all the problems he had with this new boat are factual, I would say he got a lemon.

Rebel112r said:

Boat owner is the CEO of a heli sports company, divides his time between Yukon and Switzerland. If all the problems he had with this new boat are factual, I would say he got a lemon.

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Says a lot too about why he didn't make sure he saw the trailer in advance and more frequent trips to the builder when he wasn't getting answers. Perhaps says why he didn't think he needed insurance.

He trusted everything to the dealer even when time after time the dealer's representative proved untrustworthy and continued the email communications even without responses.

Now, the sinking is still another issue. He could have done all the followup and dealer visits in the world but wouldn't have found anything to prevent the sinking. Another call for alarms that send you messages and cameras, but may not even have the communications needed where the boat was.

I do feel there's a design and build issue and it might have been the cause but then situation of bilge pump led to no prevention, but I think also a huge difference between boats and helicopters that helicopters sit where you left them and boats can sink. Most do so due to rain, but many do so due to water ingress from below, whether thru hull or bellows or pods or whatever. Years ago, I saw an I/O sink one day after delivery to the customer. Customer takes it home, docks it. Next morning looks out the window to see his nice new boat and can't see it. Sunk in his slip. Issue was an outdrive bellows. During the 80's we had a few Mercruiser sinkings on the lake due to muskrats eating through bellows.

Am I the only one who when I dock a boat, I'm still relieved when I return and it's sitting just as I left it? I'm just always a little apprehensive. I haven't seen as many sinkings on the coast but on the lake there was at least one a month when I was young.

I guess that's why I'm very sorry for a boat sinking but I'm by no means shocked by one.

Whew, anybody getting tired yet? Good thing the September rodeo at Sidney City Marina didn't get posted. This Cutwater issue pales in comparison.

boatruptcy said:

And just exactly what does that have to do with the boat sinking due to a design flaw? Absolutely nothing, why conflate two separate issues. Wrong is wrong is and if it is a design issue (which it appears to be) then it doesn't matter who incurs the loss be it the owner or his insurer.

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Is there no statutory warranty on new goods being sold in USA? Fit for purpose, merchantable quality,that kind of thing.

boatruptcy said:

And just exactly what does that have to do with the boat sinking due to a design flaw? Absolutely nothing, why conflate two separate issues. Wrong is wrong is and if it is a design issue (which it appears to be) then it doesn't matter who incurs the loss be it the owner or his insurer.

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That is true, but I think a lot of us are reacting to the owners blog posts about it. I agree that not having insurance didn't affect the boat capsizing. In my mind it does speak to the experience and mindset of the owner. He wrote that he didn't get insurance because why would you insure a brand new boat, what could go wrong? That makes no sense to most of us, which is why we wonder about him.

BruceK said:

Is there no statutory warranty on new goods being sold in USA? Fit for purpose, merchantable quality,that kind of thing.

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Implied warranty of merchantability. That's fitness of product for designed use. Now, I'm a bit uncertain whether this was a US sale or Canadian sale. Regardless, proving it wasn't fit could be a challenge. Ideally, Cutwater's insurance would cover it. However, if a court battle, an expensive and time consuming process. There would then be competing experts and many questions asked of the buyer including some that he almost certainly wouldn't have good answers to. The key in a trial would likely be the other boats of this model sold and what one could find out about them. A chance to examine one that hasn't sunk or been recalled and altered.

Rebel112r said:

Boat owner is the CEO of a heli sports company, divides his time between Yukon and Switzerland. If all the problems he had with this new boat are factual, I would say he got a lemon.

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He also owns and pilots a Robinson R44. Clearly an intelligent successful business person who chose to self insure. Not the first person to do.

He may have relied upon the manual and assumed the bilge pumps were on. We can speculate that winds whipping down an 85mile long lake created enough chop to spill over the pontoon or stern possibly over a period of days as the owner works in Atlin and may not have checked his boat in Teslin. The owner clearly stated he hadn't used the boat much during the summer. At some point the thruster battery would have run down. The surveyor did not bother to check the state of the batteries or the wiring of the pump so we'll never know the answers to these questions.

As previously mentioned, there does not appear to be a 120V pedestal on the dock. There does not appear to be broken dock lines in the published photos. The al skiff may have been bailed out before photos were taken. We are left to endlessly guess about motives, design,

The uncredentialed surveyor offered some opinions but offered no specific data as to potential rate of ingress. From an engineering perspective I could not conclude it was a bad design from the information given. Yes it sank, but after a long trip.

I'm sure it will settle out of court so we will never know the answer. (Unless we book a week of unlimited back country powder skiing in the Yukon. 15-20K/wk. Each)

Woodland Hills said:

Can anyone explain why a man who just spent $400k on a brand new boat should not think that it is ready to voyage?

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The Model 302 page on the manufacturers website say it is "Fully equipped and ready to cruise". Given that he made the trip he did, apparently without major incident, I would say that was fairly true.

firstbase said:

The Model 302 page on the manufacturers website say it is "Fully equipped and ready to cruise". Given that he made the trip he did, apparently without major incident, I would say that was fairly true.

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Sounds like the boat is great at cruising.


Being tied to a dock may be a different story...

The boat sunk without any hull damage at the dock. We know this.

How some people here are blaming the owner is beyond me.

No insurance sunk the boat? No.

The owner's nagging emails to the dealer sunk the boat? No.

The owner's expectation that a new $300k boat would float at the dock was somehow his fault? Apparently to some here he should have known better.

When you find a fly in your soup next time I expect you to just eat it and don't send it back to the kitchen. Because you should have just known it could have been there and that's on you.

TollyLucia said:

The boat sunk without any hull damage at the dock. We know this.

How some people here are blaming the owner is beyond me.

No insurance sunk the boat? No.

The owner's nagging emails to the dealer sunk the boat? No.

The owner's expectation that a new $300k boat would float at the dock was somehow his fault? Apparently to some here he should have known better.

When you find a fly in your soup next time I expect you to just eat it and don't send it back to the kitchen. Because you should have just known it could have been there and that's on you.

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TollyLucia said:

The boat sunk without any hull damage at the dock. We know this.

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We don’t know this. This is what the blogger says happened.

We don’t know how the boat sank, even the surveyor said more testing would be needed.

How did a boat supposedly tied to the dock end up completely detached from the dock?

I think there are far to many unknowns to start assigning blame to the owner, broker or manufacturer.

At this point you can’t even rule out Vandalism.

They thought the Tiitanic was unsinkable....

Guess I have seen so many sunk boats, I guess I don't trust any of them.

SoWhat said:

The uncredentialed surveyor offered some opinions but offered no specific data as to potential rate of ingress. From an engineering perspective I could not conclude it was a bad design from the information given. Yes it sank, but after a long trip.

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One reminder. All surveyors are basically uncredentialed. Most choose to join an association. However, there's not licensing for boat surveyors. I don't know if either of the surveyors is good or reputable, but I can't assume they aren't.

Greetings, I have read the full forum subject on this as well the full blog of the owner.
In review. There is much mention regarding the bilge pump in question located in the engine pod to which I would like to contribute. I will by the use of my personal incident with a Rule pump, (same manufacture).
In my case, on odd times there would be a substantial amount of water in the bilge without any apparent source. I would taste the bilge to confirm it being salt water after thinking that the source was a leaking hot water tank, not the case.
The bilge would be pumped and watched with no incoming water found. There would be days between with no issue. Then a voyage would be made and during that time checking the bilge, water would again be found. Of course, a complete search of the bilge an all, I repeat, all connections to the three Rule bilge pumps would be accomplished. with all connections tight.
After being at anchor one night, with guest aboard, checking for engine start up, I noticed a larger amount of water than even that found in earlier finds. This made the issue too serious to not find the answer.
BINGO!!! It came to me, the overboard outlet for the bilge pump was AT WATER LINE level. hence, with the extra folks onboard, the weight allowed the bilge pump discharge to be under water here is the find (THE RULE BILGE PUMP DOES NOT HAVE A CHECK VALVE BUILT INTO IT.) I found later that only recently had Rule redesigned pumps to include some sort of check ball, not in any of the existing pumps on board my boat.
I reinstalled the discharge hose with new that formed a hoop loop above the discharge and the issue was cured.
Having said this, if you review the photos of the engine pod and the bilge pump discharge, you will note that it comes in at or below the water line and is a direct drop to the pump.

What I am saying is with the water being forced up and about with the stern facing the waves, the water was coming in via the bilge pump and not the stern gaskets resulting in filling the pod. At some point as the boat was becoming laden, the inflow was increasing allowing faster flow backwards through the discharge hose to the and through the bilge pump itself. (No Check valve)

Al-Ketchikan.

Al said:

Greetings, I have read the full forum subject on this as well the full blog of the owner.
In review. There is much mention regarding the bilge pump in question located in the engine pod to which I would like to contribute. I will by the use of my personal incident with a Rule pump, (same manufacture).
In my case, on odd times there would be a substantial amount of water in the bilge without any apparent source. I would taste the bilge to confirm it being salt water after thinking that the source was a leaking hot water tank, not the case.
The bilge would be pumped and watched with no incoming water found. There would be days between with no issue. Then a voyage would be made and during that time checking the bilge, water would again be found. Of course, a complete search of the bilge an all, I repeat, all connections to the three Rule bilge pumps would be accomplished. with all connections tight.
After being at anchor one night, with guest aboard, checking for engine start up, I noticed a larger amount of water than even that found in earlier finds. This made the issue too serious to not find the answer.
BINGO!!! It came to me, the overboard outlet for the bilge pump was AT WATER LINE level. hence, with the extra folks onboard, the weight allowed the bilge pump discharge to be under water here is the find (THE RULE BILGE PUMP DOES NOT HAVE A CHECK VALVE BUILT INTO IT.) I found later that only recently had Rule redesigned pumps to include some sort of check ball, not in any of the existing pumps on board my boat.
I reinstalled the discharge hose with new that formed a hoop loop above the discharge and the issue was cured.
Having said this, if you review the photos of the engine pod and the bilge pump discharge, you will note that it comes in at or below the water line and is a direct drop to the pump.

What I am saying is with the water being forced up and about with the stern facing the waves, the water was coming in via the bilge pump and not the stern gaskets resulting in filling the pod. At some point as the boat was becoming laden, the inflow was increasing allowing faster flow backwards through the discharge hose to the and through the bilge pump itself. (No Check valve)

Al-Ketchikan.

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Yep.

Agreed. Seen that too often.

Couple of other comments.

The pump switch issue has been conflated. The owners manual appears to be discussing the pump’s panel switch position, not the battery switch position. On-pump run’s constantly. Off-runs only when float switch is activated. Does not address the wiring to the master battery switch. This is what is confusing some posters where it appears that the wiring diagram shows connection through the battery switch and not directly to battery bank. So the owners manual could be misinterpreted by some who think they have pump protection even when batteries are switched off. But they don’t.

Float switches are notoriously unreliable. They are the most often changed mechanical product on my boat. I have a like/hate relationship with mine and check them daily. Failure of a float switch during a progressive flooding event would be catastrophic.

The boat had a lot of incomplete internal plumbing issues upon delivery. That would have been unacceptable to me. May not be germane to the sinking issue but I would still look at it carefully as part of an investigation.

I am intrigued with amount of corrosion issues found after sinking. The lake was fresh water, yes? How much of the corrosion was caused during the delivery trip to Alaska in salt water in bad weather? I know there are a lot of electronics in modern outboards but I did not think they would be badly damaged by fresh water immersion. I would have thought immediate treatment with water displacement fluids would have saved them. But I really don’t know so would be interested to hear from real experience.

The second surveyors hired (IMC) were engaged by the owners lawyers. I know them fairly well and they do a significant amount of insurance defense work including litigation support. They tend to be well credentialed marine engineers. They will have no issue with being qualified in any court.

I understand some contributors comments stating the horror of having no insurance. I will note that insurance is a form of gambling where the insurance company is the ‘house’ and the odds are always in their favor. I do know some wealthy individuals who forego some types of insurance as they have made their own calculation of the odds and believe themselves to be on the good side. In this case his thought process might be ‘this is a new boat, warranties will be covered by defects, I am a good pilot and unlikely to cause harm by my operating skills. The likelihood of a claim is more likely to fall on the manufacturer than me. In which case I will just sue to recover.’ As someone noted, lack of insurance didn’t cause the sinking. It just made the financial recovery more complex.

tiltrider1 said:

We don’t know this. This is what the blogger says happened.

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The owner has provided more than just his word. He has provided pictures and two post sinking surveys.

Are we to assume the surveys which were commissioned to ascertain the cause of the sinking missed hull damage in their assessment?

Even the most dimwitted or biased surveyors I have trouble believing would miss / omit these facts.

I agree that waterline through hulls can be a dangerous thing without a loop. In this case, it very well could have been the causal factor.

I don't think I have ever had or seen a bilge pump with a built in check valve.

I have bought Johnson pumps that had one that you could add on, but not permanently attached.

Generally check valves are not recommended on bilge pumps....but loops are.