In addition, the company said it assumed
responsibility for the problem, and repaired
the boat to its owners’ satisfaction.
Earlier this year, the Tartan 3700
owner with the problematic Yanmar, whose
blog launched the company’s memo and
letter, was awarded more than $1 million
damages in a lawsuit that he filed against
Novis Marine. The jury in the Harris
County, Texas, District Court trial found
that Novis violated the Texas Deceptive
Trade Practices Act and engaged in “false,
misleading or deceptive” actions, as well as
committed fraud for representing that its
vessels equipped with Yanmar sail drives
were reliable and required little maintenance other than changing zincs, according
to court records. An appeal of the verdict
1997 Tartan 4100 (Hull 24)
In 2005, according to its owner, this
boat developed a crack at the centerline at
the forward edge of the keel while sailing
in moderate seas on Lake Michigan. The
boat was two years out of warranty, so the
boat owner paid for repairs consisting of
grinding out the damaged area of the hull
and reinforcing it with additional layers of
fiberglass cloth and resin.
1997 Tartan 4100 (Hull 12)
“At the time of commissioning in
1997, the boat immediately started taking on water,” this Tartan owner reported
to BoatU.S. “The fitting containing the
pennant for the centerboard had not been
glassed in.” This and a number of other
problems the owner identified with the
boat were repaired at Tartan’s expense.
In early 2010, however, the owner said
he discovered water “seeping through the
fiberglass for the entire length of the bilge,
in one area so rapidly I could not get it
dry.” According to the owner, cracks were
found on the hull interior at the keel and
along both sides and forward of the keel
on the exterior, where the repair techni-
cians found “a large void and deteriorated
Initially, the boat owner was told that
the boatbuilder wouldn’t help because
the boat’s warranty had expired, and the
problem was “due to normal age.” But
then, late this past summer, new owners
Malbasa and Jackett offered to pay a por-
tion of the bill.
Discussions were still underway when
this issue of BoatU.S. Magazine went to
press in late October.
AT 35 MPH.
From the wide open waters of the Atlantic to the quiet of a hidden hammock,
Marathon offers an almost unlimited variety of ways for your entire family to throttle back.