SXM has excellent marine trades, but disputes happen. This guide walks both cruisers and contractors through an escalating approach to resolution — from a direct conversation to formal legal action — covering both sides of the island.
Prevention: before work begins
The most effective dispute resolution happens before a dispute arises. Most conflicts on SXM stem from misaligned expectations — not bad faith on either side.
On SXM, many contractors work informally and may be unfamiliar with written quotes. It is reasonable — and good practice on both sides — to confirm key points in writing after a verbal discussion. A WhatsApp message saying "Just to confirm: you'll replace the injectors and service the raw water pump for $420, aiming to finish by Thursday?" is a valid, enforceable record in both jurisdictions.
A downloadable quote template is available in six languages on the Getting Work Done guide →
- Get a written quote (offerte) before work begins
- Agree VAT / OB status upfront
- Confirm currency — USD or Netherlands Antillean Guilder (ANG)
- Ask whether subcontractors will be used, and who is responsible if their work fails
- Labour and parts are often invoiced separately — clarify this upfront
- A devis (formal written quote) has legal weight under French consumer law — always ask for one
- Confirm whether TVA (French VAT) applies
- Confirm currency — EUR or USD
- For larger jobs consider a written contrat d'entreprise setting out scope, milestones, and payment terms
The escalation ladder
Work through these steps in order. Jumping to formal action too early — or too late — makes resolution harder and more expensive. Most disputes resolve at step 1 or 2.
Direct conversation
This is almost always the right first move. Most misunderstandings are exactly that — misunderstandings about scope, timing, or price, not deliberate failures.
For clients: Be specific about what went wrong. "The job wasn't good enough" is harder to resolve than "the raw water pump is still leaking at the fitting you replaced." Bring photos. Keep the tone calm — you want the problem fixed, not an argument won.
For contractors: Listen before defending. A quick, honest response — "let me come and look at it" — recovers far more goodwill than a dispute about whether you are technically right.
If you reach an agreement, send a WhatsApp or email summary immediately: "Following our conversation, you have agreed to return on Tuesday to reseal the fitting, at no extra charge." That message is your record.
Written complaint
If step 1 does not resolve things — or the other party stops responding — put your position in writing. Your written complaint should include:
- A clear description of the work agreed and the price
- What was done incorrectly, incompletely, or not at all
- The remedy you are requesting — rework, refund, or both
- A specific deadline: "I need your response by [date]"
- A note that you will escalate if no response is received
Send by email and WhatsApp. Keep screenshots. WhatsApp is legally valid as a communication record in both jurisdictions.
If you have a departure date: Be explicit — "I am due to leave SXM on [date] and need this resolved before then." This matters in any mediation or court process.
Association mediation
Both marine trade associations offer informal mediation for disputes involving their members. It is free, faster than any official process, and often effective. The contractor must be a member — check their profile on this directory.
- SMMTA (Dutch side): Sint Maarten Marine Trades Association. Contact via smmta.com. Can facilitate a meeting between parties and has member conduct standards.
- Métimer (French side): Association of marine professionals, Saint-Martin. Contact via their office in Marigot or through the port authority.
Official mediation
Both sides have official consumer complaint channels that are free or low-cost. Try these before engaging a lawyer.
- Dutch side — Bureau Consumentenzaken: Consumer Affairs, under the Sint Maarten Ministry of VROMI. Can issue formal written requests to contractors. Notary offices (notariskantoren) in Philipsburg can also facilitate binding mediated settlements — low cost, often resolved in one or two sessions.
- French side — Médiateur de la consommation: Free EU consumer mediation at mediation-conso.fr. French law requires mediation be attempted before a court will accept a consumer dispute under €5,000. The process is conducted in writing and can be completed after you have left the island.
Court action and maritime liens
Court action is slow, expensive, and uncertain. Only consider it when the amount is significant, all other steps have failed, and you have strong documentary evidence.
Maritime lien: In serious cases a maritime lien allows a claim against the vessel itself — not just the owner or contractor personally. It requires a lawyer and court order, and can cause a vessel to be arrested and detained in port. The vessel owner can usually post security (bond) to release the vessel while the case is heard. Consult an admiralty lawyer before taking this step. Applying for a maritime lien without reasonable grounds can itself be a civil wrong.
Documenting your case
Good documentation makes every stage of the escalation ladder easier. Start gathering evidence at step 1 — not when you think it might become a legal matter.
Two islands, two legal systems
Sint Maarten (Dutch side) and Saint-Martin (French side) are politically separate and legally separate, with entirely different court systems. A dispute on one side cannot be resolved through the courts of the other. Establish where the work took place and where the contractor is registered before filing anything.
- Civil law based on the Dutch Civil Code (BW)
- Court: Gerecht in Eerste Aanleg, Philipsburg
- Small claims (Kantonzaken): up to ~ANG 10,000 (~USD 5,600)
- Proceedings in Dutch; English widely used in court
- Above ANG 10,000 a lawyer (advocaat) is required
- Appeals go to the Joint Court of Justice in Curaçao
- Urgent vessel arrest: kort geding — requires a lawyer and same-day court application
- French civil law (Code civil); EU consumer protection law applies
- Court: Tribunal Judiciaire de Basse-Terre, Guadeloupe — not on the island
- Proceedings in French; certified translators available at cost
- Small claims up to €5,000 — no lawyer required for filing, but advisable
- Above €5,000 a French avocat is required
- Mandatory consumer mediation before court for disputes under €5,000
- Urgent vessel arrest: saisie conservatoire — requires an avocat and court order
Advice for contractors
Disputes damage your reputation and cost you time — far more than the value of any single job.
Written quotes protect you
A written quote defines what you agreed to do and at what price — and critically, what you did not agree to do. Scope creep is the source of most contractor-client disputes. Use the quote template on this site (available in six languages) and note clearly: "This quote covers [specific tasks] only. Additional work found during the job will be quoted separately before proceeding."
How to handle a complaint
- Respond the same day. Even "I've received your message and I'll come to look at it on [day]" costs nothing and prevents escalation.
- Go and look at the work before defending it. If something went wrong, acknowledge it.
- Coming back to fix it is almost always cheaper than a dispute. Offer a partial or full refund if the work genuinely failed.
- Send a follow-up message confirming what you agreed to do and when.
- If you believe the complaint is unfounded, say so calmly and in writing, with reasons. Do not go silent.
Unpaid invoices — act before they leave
Once a vessel has departed SXM waters, recovery of an unpaid debt becomes extremely difficult in practice. If you believe a client is about to leave without paying a significant amount, send a formal written demand immediately. For larger amounts, consult a lawyer about vessel arrest options (kort geding on the Dutch side, saisie conservatoire on the French side) before the boat clears customs.
When you need to leave with the dispute unresolved
- Document everything before you go. Photos, videos, written records. Once you've left and the contractor has had access to the boat or the work, contemporaneous evidence is what you'll rely on.
- Send a final written notice stating the unresolved issue, the remedy you are seeking, and that you are continuing the matter remotely.
- EU mediation can be done remotely. If the work was on the French side, the médiateur de la consommation process is conducted in writing and can proceed after you've left.
- Court proceedings can often continue in your absence once filed, via a local lawyer. For significant amounts this may be worth pursuing.
- Your review on this directory matters. A detailed, factual review — dates, job scope, outcome — creates accountability and helps future cruisers. Focus on facts, not feelings.
This guide provides practical information only and does not constitute legal advice. Laws change and court processes vary by case. For anything that reaches a formal dispute, consult a qualified lawyer in the relevant jurisdiction.
Getting Work Done — quotes, payments, and finding contractors →