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California’s Harbors and Navigation Code Division 3, Chapter 1, Article 1.5 deals with vessel repairs. Section 410 defines the terms “customer,” “repairperson,” and “vessel.”
Section 411 provides that this article applies only to work done on a vessel with an estimated cost of $100 or more.
Section 412 says that a repairperson has no lien on a vessel under this article for compensation for services rendered to the vessel, unless the repairperson has complied with this article.
Section 413 prohibits a repairperson from commencing work for compensation without specific authorization from the customer or his or her agent in accordance with all eight of the specified requirements. If the authorization is oral, the repairperson is required to make, on both the work order and the invoice, a notation of the name of the customer, the date, the time, and the telephone number called, if any.
Section 414 states that any repairperson who gives an original estimate in good faith, is not obligated to complete a job within the quoted or written estimated price if additional, unforeseen work is necessary to complete the job and the customer refuses to consent to payment for the cost of that additional work.
Section 415 requires all work done by a repairperson, including all warranty work, to be recorded on an invoice and describe all work done and parts supplied.
Section 416 requires the invoice to show specified information from the repairperson.
Section 417 states that, upon authorization from the customer as to a specific job, a repairperson may work on a vessel on a time and materials basis.
Section 418 says that this article does not apply to a vessel in distress which is in need of immediate work critical to its preservation and safety, for which consent cannot expeditiously be obtained. However, this section does not include any situation or accident caused to the vessel by the negligence or conduct of the repairperson or the repairperson’s agent.
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Author: Chris Micheli
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