Re: NEED HELP Boat Repair Quote vs Actual Charge in Florida
An estimate is an estimate, not a flat rate. Very few repairs to a boat, or an old car or home, can be flat and fixed. Boats almost always present additional problems that take additional time to fix. So I think when it gets to court, the mechanic can make a good argument that in the trade, an oral estimate is subject to change. That's the first issue, and related to it are that state's common and statutory law on contracts in writing (called the Statute of Frauds but it doesn't involve "fraud").
Second issue is whether the additional work was reasonable. A "not to exceed" condition would have stopped work. But it's reasonable to assume the customer would want the job done for another hour or so. If they go from 2 hours to 12, that's different. But if they had stopped at the point of the estimate, called you and said: do you want to pay what we've done and come get your pieces, or let us finish? what would you have done?
Third issue: if the work they ultimately did was worth it, your boat is better for it, and you owe it. That's called quantum meruit. To get out of it, you will have to hire an expert (another mechanic and pay him his labor rate to sit in court for a few hours, plus ghis time to go over the other guy's work) to say how much of the extra work was absolutely unnecessary. Is that cost effective? do the math.
It's a whole 'nother thing if you are certain the extra work was unnecessary or spent to correct their mistake. If you can prove it, they have to eat it.
If you sue them you will not recover your time missed from work or attorneys fees (if you hire one) but neither will they. If they are a small shop and you win you will have a hard time collecting your judgment.
So how much are we talking about: a $6,000 yacht rebuild, or a $800 OB fixer? If it's the former, your recourse is to go elsewhere next time and get your deal in writing. But watch out for what you ask for: if you insist on a flat fee for a boat repair, the mechanic, if he has any brains, will take his estimate and triple it to cover events like these.
In fairness, he should have called, but it's a long way from the guy in the back swimming in parts and the phone in the front.
Oh, and I assume you are unhappy with the price but not the work. And the above is just realistic advice. I have been there, brother, more times than I can count, and I don't like it either. Last one was "go ahead and replace the corroded trailer light ($14 at Boaters World) and I got a pair of $140 LED lights on a trailer I seldom use! But he knocked off 5 hours of labor (this was related to an electrical problem in the vehicle with lights, and the second shop to work on it.) I just looked at all the circumstances, and the alterntive, and moved on.
