ComplaintsforColorado Boat Center

• Initial Complaint

  01/23/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I have used Colorado Boat Center to repair my boat for a few years now. I have recently had a very bad experience that I will be seeking legal help for resolution. I brought my boat to them on Oct 15th 2022 with a serious issue that they recently tried to remedy with out success that then lead to critical failure of the engine. They were frustrated that I brought my old boat back to them but I paid good money ($1,100) for the previous service. The service rep Scott B********* said they were busy with other boats but would take it on the 15th and assess the issues when they could. I told them that because the boat failed while underway in the water that obviously it's not winterized and that they would have to handle this critical service. After experiencing some seriously cold weather in late November I decided to call Colorado Boat Center on December 6th 2022 to check that the winterization had been completed. Scott B***** **** told me that yes they performed the service. When Colorado Boat Center finally contacted me that they had completed the evaluation they stated that my boat had cracked exhaust manifolds and that they would need to be replaced for $1600. I said give me my boat back. I brought the boat to **** ****** for a second opinion and they told me that the manifold damage is clearly from not being winterized in time. No other explanation would suffice. Colorado Boat Center Failed to fix my boat. Failed to winterize it while on their lot. They tried to charge me for the damage done. ...wow. I also have the invoice from the previous service that states the motor was running without popping or cracking noises indicating that at that time.....no issues in the manifold. You should see the photos. From no issues to holes you could drive through. \ Who do I contact for help???????? Please I am a teacher and earn a modest income.!!! **** ********* *** *** ****

  

  Business response

  02/02/2023

  You have been a valued customer at Colorado Boat Center since 2010 and we greatly appreciate the trust you have placed in us over the years.  Originally you were having our service department winterize and summarize your engine, but in 2016 you brought the boat in already winterized and have not requested those maintenance services since.   
  After you brought your boat in on October 15th and before the first hard freeze on October 23rd, our service department drained all of the boats that were on the lot, which is why the hoses were disconnected and the plugs and hose clamps were placed in a bag and attached to the steering wheel.  It appears that you thought that we winterized your engine, but when you and your wife spoke with Scott, he clarified that we had only pulled the plugs and hoses to prevent the engine from freezing and you were not charged for that service or the comeback evaluation from your previous service based on their findings. 
  Unfortunately, you have incurred a few major repairs over the past couple of years.  Those repairs could be due to age, non-OEM parts, untimely and/or inexperienced maintenance.  The work that was done in July of 2022 did not cause the exhaust manifolds to crack, but without proper maintenance, the hairline cracks could have been an underlying problem.  There was significant rust on the hairline cracks of the manifolds that would indicate that the problem occurred prior to your July 20th visit to our service department.  Once the issue of the manifolds has been resolved by us or another authorized service center, we would be happy to do another evaluation at no charge to confirm that your engine is in proper running order.   
  
  

  Customer response

  02/04/2023

  Complaint: ********
  
  I am rejecting this response because: The damage to the manifolds is 100% due to your shop NOT draining the plug and hoses in time. The deep freeze was late November 2022. It's clear to me and to **** ****** that this damage occurred after I dropped the motor off. This type of damage, blown out wall and on the port side clear bulging and then finally cracking due to the severe pressure caused only by expanding ice not air. Air can be compressed water cannot. This damage even with a previous crack (that was not noticed by CO boat center before) could never be caused by normal usage.

  I have photos of both manifolds and a signed and dated statement from **** ****** in Wheat-ridge stating the same information above.

  Clearly Colorado Boat Center is liable for the manifold damage due to neglect . These should be replaced at their expense, Once completed **** ****** will evaluate of there is further damage necessitating a motor replacement 

  
  
  Regards,
  
  **** *********

  

  Business response

  02/13/2023

  Response:
  We are all in agreement that the damage to the exhaust manifolds was caused by improper winterization at some point.  Although the customer did not request CBC to winterize the engine in October, 2022, CBC did a courtesy drain of all water to prevent the engine from freezing prior to the first hard freeze on 10/24/22.  The baggy that the plugs and hose clamps were placed in and attached to the steering wheel does not indicate that CBC performed a winterization as the customer is implying.  The amount of rust would indicate that there was a prior existing hairline crack that continued to worsen over time. 
  Attached are pictures, communication documents and service history that supports the fact that 6/2/16 was the last time that CBC did any routine maintenance on the customer’s boat/engine and that the repairs after that time had increased significantly.  As an authorized Mercruiser service center, our certified technicians follow the manufacturer’s procedures completely.
  The customer’s desired settlement is to finish the job.  The last work done by our service department was in July, 2022 and we will not be able to determine if further work for those jobs is needed until the damaged exhaust manifolds are replaced.
  Message from Scott:
  I have to say I am surprised at John's comments.  When **** called to schedule his service for the inspection, we had a brief conversation. During this conservation he stated that he had the boat out for approximately 5 minutes and heard a loud noise and then shut the engine down. He then stated that he realizes that he has an older boat and is getting tired of sinking money into it and that it may be time to get rid of it. We also discussed that depending on what we found during the inspection if the cost was too much, he was not going to do the repair and look at options of getting rid of his boat. Because he had a feeling that he was looking at another costly repair. We then talked about the age of his boat and that part availability is going to be limited in the future. My point being, is that **** is very aware that he has an older boat and there is the potential for major repairs down the road.  Overall, the conservation went very well, or I thought so.  
  
  
  Attachments:
  Service History with highlights and comments
  Email exchange between CBC and customer
  Pictures of manifold taken by CBC are available, but too large to upload
  Picture of tag used for plug and hose clamp bag

  Customer response

  02/15/2023

  Complaint: ********
  
  I am rejecting this response because:I am still in disbelief that CBC has not owned up to this. Stop trying to cloud the issue with circumstances beyond this incident. Yes, I winterized the motor in the past. Did it for years. It’s very simple and Mercury gives very simple instructions. Never had an issue because I always drained the water out of the motor in time.  In CBC response they now stated that the damage is clearly from winterization damage. Winterization damage isn’t something that accumulates over time like a worn-out starter. It’s either drained and safe or not drained in time and the water expands and busts out the manifolds. This is what **** ******, the Mercury approved shop in Denver told me. Their statement has already been uploaded.
  
  
  I will upload evidence from an invoice from CBC stating the motor was not making any unusual sounds on 7/22/22. I also have video evidence of the motor sounding just fine in September of 2022. Any exhaust issues at either time would have been apparent.
  
  September 2022 the boat had a critical failure on the water, and I had to be towed in. So, I brought it back to CBC.
  
  They were clearly unhappy that I brought my boat back to them.
  
  Scott Bongiovanni said they were busy and had to “shelf” it for a while. So, let’s all be clear that the manifolds were not damaged at this point. I even asked **** ****** if that could have been the issue that day and they said “Air moving through the manifold can’t do that. We only see this very specific and extreme damage from a motor not being winterized properly. Who drained the engine this year? I said “CBC” They said, “No they didn’t”.
  So here we are.
  
  The boat had been at CBC since Oct 15 2022 no freezing temps yet. They never reached out to me so I called them to check on the status of the diagnosis from the critical failure I had. Scott then told me, you have cracks in your manifolds and that CBC needs $1600 to repair before they can do any further diagnosis.”
  
  I was highly suspect of this “new” finding I said give me my boat back. Upon delivery of my boat motor and trailer Scott disappeared for a while talking to other employees. Scott then said  “oh no charge for our services just take the boat and go” . I also did not get any invoice or paperwork that day. Wonder why, that’s never happened before. They always charge the diagnosis fee.
  They were hoping I would just go away, and their negligence would be gone. But I didn’t I was curious what happened and why. This boat is old but in my family since new.
  Took it to Beat Marine and my worst nightmares came true.
  
  This is what my attorney replied:
  
  Matt thinks you have a case for negligence, but the issue is that you cannot recover attorney fees. He recommends that you represent yourself, and sue them in District Court in the county where they are located. If you hire an attorney, the fees will exceed your damages.
  
  
  
  Regards,
  
  Mike Nobel
  Paralegal
  MATTHEW R. OSBORNE, P.C.
  11178 Huron Street, Suite 7
  Northglenn, Colorado 80234
  303-759-7018 Office
  720-210-9870 Fax
  www.mrosbornelaw.com
  
  
  
  My family and I are now willing to use Mr. Osborne and not recover fees in order to bring justice to this case.
  I will not stop until the CBC accepts responsibility 100%
  
  
  
  
  
  
  
  Regards,
  
  **** *********

  Customer response

  03/12/2023

  Better Business Bureau:

  I would like my complaint ID ********, to be handled through an Arbitration hearing with BBB.

  Regards,

   

  

  Business response

  03/14/2023

  Better Business Bureau:

  I would like my complaint ID ********, to be handled through an Arbitration hearing with BBB.

  Regards,

   

  Customer response

  05/04/2023

  Clay
  Thanks so much for all your help. Please let Colorado Boat Center know that we are abandoning arbitration and will file on the 16 of May. ( My wife's new job has legal insurance starts on the 15)
  We will not only be going for the damages but also fraud.
  Respectfully
  **** * *********

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