1994 Crusader with Cracked Block????

bmpnugls

Cadet
Joined
Jun 24, 2004
Messages
7
Here is my problem..I had my marina winterize my boat. After running the boat for the first time this year, in late April, for about 20 minutes total, I find milky oil. So, I ask the marina to 'check it out'. They proceed to tell me they think it's a "blown head gasket or cracked head" but didn't pressure check the manifolds, oil cooler, or closed cooling system!!!.. But, prior to me knowing, they proceeded to tear the engine apart - removing the exhaust manifolds, carb., distributor, heat exchanger, etc.. and they told me they had to do this as part of their diagnostic check!!!.. so, I have since terminated their service and now having my reputable shop work on it... As of now, they have pressure checked the oil cooler and manifolds - NO LEAKS. Pulled the heads and had them magnafluxed - NO CRACKS!..the head gaskets looked in good shape, and all pistons/plugs looked normal (no washing due to burning water)... SO, we are under the assumption it is a cracked block...but, will be pulling the remaining short block this week.. My question is, would insufficient antifreeze mix leading to a crack in the block over winter be the only cause of this crack??? The marina which did the winterizing has since told me they are not responsible because it isn't a winterizing issue, and it was my responsibility to ensure there was a sufficient antifreeze in the closed cooling system...and the crack is likely due to excess corrosion from not changing the antifreeze mix on a regular basis - - Is this all crap or a viable conclusion??? I have no idea what the 'mix' was in the closed system because I just bought the boat last July, and I don't know when the last time was the coolant was flushed and changed..... To, me it seems the mixture wasn't checked, therefore allowing a 'freeze' over winter resulting in a cracked block.....
 

Rickles

Petty Officer 2nd Class
Joined
Mar 24, 2004
Messages
101
Re: 1994 Crusader with Cracked Block????

In my opinion it is their responsibility to fully winterize your boat.If you paid for a winterize it should all be checked.I'd be contacting the owner of the company.If you get nowhere with that contact a lawyer.If I winterize a boat i'm responsible for any freeze damage that is incured,but you must be able to prove it's freeze damage.Good luck
 

Skipster1

Petty Officer 2nd Class
Joined
Apr 24, 2004
Messages
173
Re: 1994 Crusader with Cracked Block????

It would help to know engine size and make.<br />And what did you pay for the "winterizing"?<br />Finally, did you get a receipt and what does it say?
 

Skipster1

Petty Officer 2nd Class
Joined
Apr 24, 2004
Messages
173
Re: 1994 Crusader with Cracked Block????

Here's the thing. This is not a mechanical issue, it is a legal issue now. And you don't need a lawyer, you need documentation. (You can get this issue resolved - and should - in Small Claims court with a $5-20 filing fee, no lawyers required).<br />But, to win, you need documents.<br />Did you get a receipt (credit card or otherwise) that says "winterize engine"?<br />Does it say anything else?<br />If you have a document that says "winterize" you are around third and heading for Home Plate.<br />Winterizing means it is their responsibility to do all things necessary to protect that engine from severe cold. Even if the document doesn't itemize what they did, they should have pressure checked the cooling system (their claim that the block cracked because of corrosion is BS. Had they done a pressure check for that engine and there was corrosion, they would have determined that and <br />By agreeing to winterize, they are saying they will make d...n sure there is enough coolant.<br />Knowing the age of the engine would help. A newer engine wouldn't likely have corrosion inside the water jacket.<br />But the key to this is what proof you have - on paper - that they agreed to winterize the engine.<br />If you have that.... what does it say???
 

bmpnugls

Cadet
Joined
Jun 24, 2004
Messages
7
Re: 1994 Crusader with Cracked Block????

Yes, I do have the 'Winterization contract' and it says they flush and add antifreeze to the raw water system and "check the antifreeze in the heat exchanger" on closed cooling systems. And, I have the "Dewinterization contract/work order" - both of which I had to sign and date. And, I have the receipts for the work and the dates it was done.... The marina keeps sticking to their story that the crack is due to lack of regular service of the closed cooling system. I have spoken with the "service tech" that worked on the boat, the Service Manager, and the General Manager and they ALL keep blowing me off...I even requested their Liability Insurance contact information and they refuse to give it to me.. <br /><br />OH, and by the way, for anyone boating at the Lake of the Ozarks in Missouri, this is Dave Mungenast Marina!!!... Their service department is very incompetent!!!.. At the beginning of these arguements when they were trying to claim my problem was a blown head gasket, I asked for results from a 'leak down' test they claim they did...and they wouldn't give me any actual numbers, but said the engine indicated a blown head gasket because cylinders 4 and 5 had a 'above average' leakdown %.... I had to laugh when I pointed out to them that even if they were low, they ARE NOT ADJACENT cylinders!!!! which would indicate a blown gasket!!!! It was at that moment I realized these guys better not lay another finger on my boat!!!
 

bmpnugls

Cadet
Joined
Jun 24, 2004
Messages
7
Re: 1994 Crusader with Cracked Block????

Oh ya, also, this boat is a 1994 which I bought from the original owner, always been on the Lake of the Ozarks in MO (fresh water only). and the engines had just under 200 hours on them when I bought the boat last July. The generator only had 99!.. The engines are 454xl Crusaders... and when I bought the boat I had a compression check done (as part of a full mechanical inspection) and all cylinders were between 145 - 155 psi!..The owner didn't have much time for the boat and hadn't even used it but once each of the final three years he owned it...
 

Skipster1

Petty Officer 2nd Class
Joined
Apr 24, 2004
Messages
173
Re: 1994 Crusader with Cracked Block????

You need to get a lawyer before you do anything else. <br />You haven't spelled out all the facts well to us and you are making libelous accusations.<br />Not good, if you want a decent settlement.<br />Right now your temper is your biggest enemy and you need an expert (lawyer) to help you get this thing resolved.<br />We can only wish you well ... and provide technical support.
 

bmpnugls

Cadet
Joined
Jun 24, 2004
Messages
7
Re: 1994 Crusader with Cracked Block????

What type lawyer should I be looking for? Is there any type lawyer who would specialize in this type claim?? Looking for suggestions..<br />Thanks...
 

Skipster1

Petty Officer 2nd Class
Joined
Apr 24, 2004
Messages
173
Re: 1994 Crusader with Cracked Block????

You don't need a lawyer that "specializes". Just get a good one who'll take the case on a contingency basis. <br />They will bust their butt to learn about the issues and only charge you 20-30% of the settlement.<br />With all the documentation you have right now, the case should be a winner.<br />Good luck.............<br />skiph
 

bmpnugls

Cadet
Joined
Jun 24, 2004
Messages
7
Re: 1994 Crusader with Cracked Block????

Thanks...I guess a lawyer could better answer this question, but after the 'lack of cooperation' or admittance of liability, I'm wondering if I can go after the marina for the slip rent I've paid for the months my boat was not operational due to their actions....as well as any type of 'inconvienence' monetary funds...after all, I'm used to spending from noon Friday to late Sunday evening at the lake on my boat during the 'boating months'..and I've missed all this time so far...and it's killing me!!!!
 

bmpnugls

Cadet
Joined
Jun 24, 2004
Messages
7
Re: 1994 Crusader with Cracked Block????

Bump for any other legal (or other) advise.
 

rybad

Petty Officer 1st Class
Joined
May 20, 2004
Messages
215
Re: 1994 Crusader with Cracked Block????

If you want to start adding damages to your suit, you would be better off consulting with a lawyer. Your slip contract probably has a clause stating that your are STILL responsible for payment wether you use the slip or not, so you probably can't recover anything for that.<br /><br />If your just trying to get the engine replaced, at thier expense, you have two options.<br /><br />The first, and best option, would be to file a claim with your boat insurance carrier. Chances are, they will inspect the engine, see that it was freeze damage. They will ask you who winterized the boat. You will provide them your receipt and contract. They will tell you to have the engine repaired - they will pay for it! Then it will be your insurance carrier that will go after the marina service shop for reimbursement - not you!<br /><br />The other option, is to simply file a "small claims" suit for the "raw cost" of reparing the damage that was caused by the service shops error. This is a simply "breach of contract" suite. You will win - no question. Just keep in mind, that most of these suites are mediated, you may not see a judge. The key to this type of suite is that you are attempting to recover the actual cost of your loss, no more, no less. <br /><br />All you need to do is get 3 estimates (or more), and draft up a letter explaining which one you want to use, and why.<br /><br />Good Luck.
 
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