I had some work done on my boat whilst it was onshore. The boat is now back in the water and I have found a problem with one of the pieces of equipment that were fitted. I have contacted the contractor concerned and he has agreed to replace the defective item free of charge, however the boat will need to be lifted out of the water again to enable this to be done. My question is – who must bear the cost of having the boat lifted from the water – me or the contractor?
I am sorry to hear of the problems you are experiencing with your boat. If you had the work done as a consumer (and not as a business) then your contract is governed by the Supply of Goods and Services Act 1982. The Act says that work has to be carried out with reasonable care and skill, and goods supplied have to be of satisfactory quality. The remedy you are entitled to will be dependant upon when the work was carried out. However, if the fault is due to parts provided by the contractor then you can seek damages of all costs that are incurred in putting the matter right, provided they are reasonably foreseeable. In this case therefore you would expect the contractor to meet the costs of taking the boat out of the water.
The advice set out above is limited by the information give and is not a substitute for full legal advice.