Article 1.5. Vessel Repair of California Harbors And Navigation Code >> Division 3. >> Chapter 1. >> Article 1.5.
As used in this article, the following definitions apply:
(a) "Customer" means any person who requests a repairperson to do
work on a vessel which is in the possession of that person.
(b) "Repairperson" means any person engaged in the business of
(c) "Vessel" means any vessel which is subject to registration
with the Department of Motor Vehicles and which is manufactured or
used for noncommercial purposes or is leased, rented, or chartered to
another for noncommercial use.
This article applies only to work done on a vessel with an
estimated cost of one hundred dollars ($100) or more.
Notwithstanding Section 502, 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.
No repairperson shall commence work for compensation without
specific authorization from the customer or his or her agent in
accordance with all of the following requirements:
(a) The repairperson shall give to the customer either of the
(1) A written estimated price for labor and parts for a specific
(2) A written estimate of the maximum cost for a specific job
which does not differentiate between labor and parts, but which shall
not be exceeded by the actual cost of the job, including labor and
No work shall be done or parts supplied in excess of, or different
from, the original written estimate without the separate oral or
written consent of the customer. If the consent is oral, the
repairperson shall make a notation on the work order and on the
invoice of the date, time, name of person authorizing the additional
work or change in work, and the telephone number called, if any,
together with a specification of the additional parts and labor and
the total additional cost.
(b) If it is necessary to disassemble a vessel or its component in
order to prepare a written estimated price for required work, the
repairperson shall first give the customer a written estimated price
for the disassembly and reassembly. The estimate shall also include
the cost of parts and necessary labor to replace items such as
gaskets, seals, and O rings that are normally destroyed by
disassembling the component. If the disassembling might prevent the
restoration of the component to its former condition, the
repairperson shall write that information on the work order
containing the estimate before the work order is signed by the
The repairperson shall inform the customer orally, and
conspicuously in writing on the work order, of the maximum time it
will take the repairperson to reassemble the vessel or its component
if the customer elects not to proceed with the work. The repairperson
shall not charge the customer for more time than the specified
maximum time if the customer elects not to proceed with the work.
After the disassembling has been performed, the repairperson shall
prepare a written estimated price for labor and parts necessary for
the requested work. Before performing the requested work, the
repairperson shall obtain the customer's authorization to either
perform the work or to reassemble the vessel or its components.
(c) When the customer is unable to deliver the vessel to the
repairperson during business hours, and the customer has requested
the repairperson to take possession of the vessel for the purpose of
performing work on the vessel or estimating the cost of the work, the
repairperson shall not undertake work on the vessel for compensation
unless the repairperson has done all of the following:
(1) The repairperson has prepared a work order stating the written
estimated price for labor and parts necessary to perform the work.
(2) By telephone or otherwise, the customer has been given all of
the information on the work order, and the customer has approved the
(3) The customer has given oral or written authorization to the
repairperson to make the repairs pursuant to the work order.
If the authorization is oral, the repairperson shall 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 repairperson who gives an original estimate in good faith,
shall not be 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.
All work done by a repairperson, including all warranty work,
shall be recorded on an invoice and shall describe all work done and
Work and parts shall be listed separately on the invoice, which
shall also state separately the subtotal prices for work and for
parts, not including sales tax, and shall state separately the sales
tax, if any, applicable to each.
If any used, rebuilt, or reconditioned parts are supplied, the
invoice shall clearly state that fact. If a part of a component
system is composed of new and used, rebuilt, or reconditioned parts,
the invoice shall clearly state that fact.
One copy of the invoice shall be given to the customer and one
copy shall be retained by the repairperson.
The invoice shall show the repairperson's business name and
If the repairperson's telephone number is on the invoice, it shall
be the telephone number that appears in any advertisement or on an
advertising sign, and shall be the same number as that listed for the
repairperson's firm name and address in the telephone directory, or
on the telephone company records if the number is assigned to the
repairperson subsequent to the publication of the telephone
Notwithstanding Section 413, upon authorization from the
customer as to a specific job, a repairperson may work on a vessel on
a time and materials basis.
(a) 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.
(b) 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.