Need OSO members referrals
10-22-2007 | 12:44 AM
#1
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Need OSO members referrals
As most of you know I started a thread detailing the damage found on "my friends" 33 scarab. We need any OSO members that may have experience with or have heard of a good attorney to pursue closure to our bunk surveyor issue. The surveyor is located in Callao, Va., an hour or so East of Richmond. We need an attorney that is familiar with boats and what they are about. Thanks to the OSO family for recommendations and suggestions thus far. 
11-03-2007 | 07:55 AM
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You'll need an attorney in the jurisdiction where the survey was done. Call that area's local bar association and ask for a referral to someone with small-vessel marine experience. They'll get you some names. I'd also contact the court in that jurisdiction and ask about the limits on small-claims. If you do hire an attorney and sue in regular court (they call it common pleas here) you'll spend $3000 to $5000 on fees if this doesn't go to a trial and double that if you get a 1-day trial from it.
Remember, getting a judgment is just a piece of paper. YOU have to collect it. That means filing liens and renewing them when they expire. It's a waiting game- it also costs money to transfer the liens to the jurisdictions where the individual's assets are. This is all on your nickle. If you sue, you'll likely flush out your surveyor's insurance co. They'll probably pay for the defense and most likely will be on the hook for the damages- if he's got insurance that is. A filing might bring a phone call to your attorney about an insurance settlement. If you go in for the long-haul, you might see attorney's fees and bad-faith damages. You might not too. You'll still have the attorney's costs and the repair bill. Find out where the surveyor lives and search the county records for property. If he is a renter, that will tell you alot about your odds of recovery.
Remember, getting a judgment is just a piece of paper. YOU have to collect it. That means filing liens and renewing them when they expire. It's a waiting game- it also costs money to transfer the liens to the jurisdictions where the individual's assets are. This is all on your nickle. If you sue, you'll likely flush out your surveyor's insurance co. They'll probably pay for the defense and most likely will be on the hook for the damages- if he's got insurance that is. A filing might bring a phone call to your attorney about an insurance settlement. If you go in for the long-haul, you might see attorney's fees and bad-faith damages. You might not too. You'll still have the attorney's costs and the repair bill. Find out where the surveyor lives and search the county records for property. If he is a renter, that will tell you alot about your odds of recovery.
11-03-2007 | 11:52 AM
#6
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From: Reedville, va. Chesapeake Bay
11-03-2007 | 12:03 PM
#7
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From: Seaford, VA
As most of you know I started a thread detailing the damage found on "my friends" 33 scarab. We need any OSO members that may have experience with or have heard of a good attorney to pursue closure to our bunk surveyor issue. The surveyor is located in Callao, Va., an hour or so East of Richmond. We need an attorney that is familiar with boats and what they are about. Thanks to the OSO family for recommendations and suggestions thus far.
BUT, I really think your best avenue is to either go to small claims court, via a warrant in debt, or to just get it fixed and move on. It is going to be more of a headache than it is EVER worth - chalk it up to a mistake and get back to boating.
11-03-2007 | 07:28 PM
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I would think boat surveyors are like home inspectors.....they are free from liability, that is written in their contract. And that sucks. NOW there is a National Surveyors Association. I will see if I can dig it up. If the person is a member....that would also help. Because the surveyor group is tight and dose not take lightly to screw ups. Gives the association a bad name.
11-03-2007 | 10:30 PM
#10
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You'll need an attorney in the jurisdiction where the survey was done. Call that area's local bar association and ask for a referral to someone with small-vessel marine experience. They'll get you some names. I'd also contact the court in that jurisdiction and ask about the limits on small-claims. If you do hire an attorney and sue in regular court (they call it common pleas here) you'll spend $3000 to $5000 on fees if this doesn't go to a trial and double that if you get a 1-day trial from it.
Remember, getting a judgment is just a piece of paper. YOU have to collect it. That means filing liens and renewing them when they expire. It's a waiting game- it also costs money to transfer the liens to the jurisdictions where the individual's assets are. This is all on your nickle. If you sue, you'll likely flush out your surveyor's insurance co. They'll probably pay for the defense and most likely will be on the hook for the damages- if he's got insurance that is. A filing might bring a phone call to your attorney about an insurance settlement. If you go in for the long-haul, you might see attorney's fees and bad-faith damages. You might not too. You'll still have the attorney's costs and the repair bill. Find out where the surveyor lives and search the county records for property. If he is a renter, that will tell you alot about your odds of recovery.
Remember, getting a judgment is just a piece of paper. YOU have to collect it. That means filing liens and renewing them when they expire. It's a waiting game- it also costs money to transfer the liens to the jurisdictions where the individual's assets are. This is all on your nickle. If you sue, you'll likely flush out your surveyor's insurance co. They'll probably pay for the defense and most likely will be on the hook for the damages- if he's got insurance that is. A filing might bring a phone call to your attorney about an insurance settlement. If you go in for the long-haul, you might see attorney's fees and bad-faith damages. You might not too. You'll still have the attorney's costs and the repair bill. Find out where the surveyor lives and search the county records for property. If he is a renter, that will tell you alot about your odds of recovery.
Good advise Chris. Just as a side note, during a conversation had while he was surveying he happened to mention he had insurance so I guess that plays positive into my part. I am pretty sure that Virginia has small claims court which is up to $5K. I didn't intend on expecting full retribution for the damages but when I contacted him and he was an a$$hole, that changed the playing field
