Florida Boat Builder Sues Guardado Marine for Failing to Paint Two Vessels Despite Over $72,000 in Deposits

Holzberg Legal

Magnum Marine Corporation, a luxury boat manufacturer based in Aventura, Florida, has filed a maritime breach of contract lawsuit in the Southern District of Florida against Guardado Marine Corporation, a Miami-based marine service provider. The lawsuit, filed under Case No. 1:25-cv-24268-KMW, arises from two separate agreements in which Guardado allegedly failed to perform contracted paintwork on two Magnum vessels—despite receiving substantial deposits totaling $72,250.

Marine Painting Contractor Allegedly Failed to Paint 27-Foot and 47.5-Foot Magnum Yachts as Agreed

According to the complaint, the first agreement between Magnum and Guardado was executed on or about September 20, 2021, and involved the painting of a 27-foot Magnum motor yacht. Magnum paid a 50% deposit of $12,750 toward the total contract price of $25,500. However, Guardado allegedly failed to perform any work on the vessel and did not return the deposit.

The second agreement was entered into on or about February 10, 2023, this time involving the painting of a 47.5-foot Magnum yacht. Magnum paid a significantly larger deposit of $59,500, representing 70% of the agreed $85,000 price. Again, Magnum alleges that Guardado failed to perform any services under the contract and did not return the deposit despite repeated demands.

Lawsuit Asserts Breach of Two Distinct Maritime Contracts Under Admiralty Jurisdiction

Filed “in admiralty” under Rule 9(h) of the Federal Rules of Civil Procedure, the lawsuit asserts federal jurisdiction under 28 U.S.C. § 1333, which governs maritime contracts. Magnum argues that both agreements qualify as maritime contracts because they involve services performed on navigable vessels.

The complaint contains two counts of breach of maritime contract, one for each agreement. In both instances, Magnum asserts that it fully performed its contractual obligations by making the required payments and that Guardado breached by failing to paint the vessels or return the funds. Magnum is seeking damages exceeding $72,250, plus pre- and post-judgment interest and litigation costs.

Florida Boat Builder Seeks Recovery for Unfulfilled Marine Services, Highlighting Risk of Contractor Nonperformance

This case serves as a cautionary tale for vessel owners and builders who rely on third-party contractors for marine services. The lawsuit illustrates the difficulties vessel owners may face when contractors fail to deliver after receiving large upfront payments. The complaint includes documentary evidence such as checks and written agreements, which the plaintiff alleges clearly show Guardado’s contractual obligations and Magnum’s full compliance.

Contact a Maritime Contract Dispute Lawyer if You Were Harmed by a Marine Service Provider’s Nonperformance

Breach of contract claims involving maritime services such as vessel painting, outfitting, or maintenance fall under the jurisdiction of federal admiralty courts. If you paid a marine contractor who failed to deliver the agreed services, you may be entitled to recover damages under maritime law. Our attorneys can help you evaluate your case and enforce your rights in federal court.

Contact us now to speak with a maritime contract dispute attorney.


Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.

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