The warranty of workmanlike performance (“WWP”) is implied in every maritime repair contract and other maritime service contracts, unless the parties’ agreement expressly provides otherwise. Having graduated as a marine engineer from a merchant marine academy, acquired three U.S. Coast Guard engineer licenses and previously represented yacht/boat manufacturers and repair facilities for 19 years, board certified maritime attorney Keith Brais with the law firm of Brais Law Firm is in a unique position to assist yacht and boat owners who suffer damages due to shoddy repair service. The lawyers at the law firm of Brais Law Firm with offices in Miami, Florida and Boston, Massachusetts are here to help.
Courts imply in contracts for services that the contractor will affect the services in a workmanlike manner: that is, the contracted for work will be performed with reasonable care, skill and diligence.
Liability for breach of WWP is strict, irrespective of whether the contractor knew or should have known of the circumstances of the breach. Because the warranty relates only to service contracts it runs only to parties to a contract, including intended third-party beneficiaries of the contract under certain circumstances. Breach of the WWP imposes liability against a shoddy repairer for all foreseeable and proximately caused losses including, but not limited to, the value of lost cargo, value of lost vessel, value of loss of use of a commercial vessel and property damage. Also, should the ship-owner be sued by a third-party as a direct result of the shoddy repair work, the vessel owner is entitled to recoup all amounts paid to the third party as well as any attorney fees the vessel owner spent in defending the case against the third party.
The attorneys at the law firm of Brais Law Firm have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers you may click email the firm, call 800-499-0551 from within the U.S., Skype BraisLaw worldwide or click Contact Us to select and complete a form for a free evaluation of your case.