To sue or not to sue...

[blackbird]

TO THE PIG FARM!!!!

 

[OneLethal87GN]

He was to pull it, rebuild it, then re-install it in 3 weeks for $2500. It was also to have a 12 month/12,000 mile warrantee. Now he says he doesn't guarantee any performance work or work using aftermarket parts. I told him that Buick doesn't make these parts anymore so everything is aftermarket. Seems odd to me since his business is called TAS racing engines. I believe he doean't want to warrantee it because I won't pay his higher price. I have had an engine rebuilt before and was quoted $2500 and it turned out my turbo was bad and got a new one and the price was still $2500. This was on my 85 GN. I think I will wait until I have my car back, then sue him for failure to give a warrantee. This way, if I lose, I'll still have my car back. I can't see paying $2,642 for a rebuild plus $800 for a turbo, that wasn't needed to start with, and not get any kind of a warrantee. He says that he'll guarantee it will run fine when first cranked. I had a rebuild of an engine several years ago that ran fine when cranked. Then about 10 miles down the road the oil light came on. He told me to keep oil in it until he could fix it. Less than 2 weeks later a rod let loose and all my oil was on the road. BTW, not the same guy.

 

[musclecar neal]

Was the original rebuild 100% stock? Stock turbo . stock cam? If so that is why he said he would give a warranty. It sounds like you have a bigger cam and a bigger turbo. That is what he is calling aftermarket parts not the other engine parts and that is why there is no warranty. Like I said in my earlier post. Racing engines are just that racing engines. NO WARRANTY. He cannot conrol how you use it. I wish I could get any race engine builder to give a warranty but nobody does on race engines. Stock is a different story all together. Your lawsuit will have no merit as you never had a writen warranty. Sorry to say these things but this is the truth and how it is. You have never said exactly what he was supposed to do to the engine. That might be a great bit of info for us all to know.

 

[OneLethal87GN]

When the car was taken by him it had a bigger turbo(TE-60), chip, fuel mods, cold air kit, etc. He knew it was not stock. The engine was stock and had 160k+ and therefore needed the rebuild. He knew it wouldn't be a stock rebuild because even he suggested stuff like a double roller chain, forged pistons and stuff like that. The main reason he is withdrawing the warranty now is because of the arguements we have had over the price. He even said last week he was giving a warranty. Now that I won't pay the extra $600 the warranty has disappeared. When I go to pick up the car I'll give him one last chance. All I want is some kind of warranty, like a month. If I don't tear it up in a month then I know I'm good. BTW, this is my daily driver and won't see any track time. I've also learned my lesson about street racing everything that revs at me. A little fun now and then shouldn't hurt.

 

[musclecar neal]

The double roller chain and forged pistons are not mods but just using higher quality parts. I would really like to know what he was EXACTLY doing to the engine.

 

[OneLethal87GN]

In our first conversation over the phone we discussed several options. I ended up asking him to rebuild the engine adding a Comp Cams 206/206, self-ported heads that I supplied, bigger valves, and forged pistons. We discussed him doing extra stuff such as extra porting but I think all he ended up doing was cleaning up my work and doing a bowl job. As you can see it was never meant to be a stock rebuild and his warranty was given before hanging up the phone and after the long discussion. He also admitted giving the warranty several times in front of my g/f. He just seems to be p/od about me not paying for some extra stuff that he did that I never told him to do. Sure, I asked him for prices to do stuff but that is not permission to go ahead and do stuff. If I had asked what a stage 2 conversion would cost i wouldn't expect that when the work was finished. He's mainly mad because he did work w/o my permission and now that it's done I won't pay for it because I never asked for it to be done. I only asked what a job like that would cost.

 

[musclecar neal]

Ok its much clearer now. What was the other work he did? Sounds like he was trying to help give good advice. I am not standing up for him just seems like he was trying to be cooler than I thought using the good parts. Did he bore and hone it? Balance it? What did he do?

Neal

 

[OneLethal87GN]

All I know is he bored it .030 over and rebuilt it. I doubt he balanced it and all that. He said he did the bowl work and double chain and all that but I never saw any of it. He said he would show me the work as he completed it. By the time he did stuff like bowl work, the chain, clean up work on the heads, etc. he already threw it back together. I can only take his word as to whether he did it or not. The reason I say "threw it back together" is the fact that it took 2 1/2 months to even touch the motor and start to tear it down, several more to get parts and such, but only less than a week to put it back together. I asked about the forged pistons and he said he was going to use those anyways. As far as the double roller I told him the chain in it had less than 100 miles on it but he already threw it away. I really didn't want it because of some of the storied I've heard up here. I don't think i'm being mean by asking for some kind of warranty. I would think he should have told me it wouldn't come with one when we first talked about building it and the parts being used. He shouldn't wait until I've paid $2000 of the bill and then tell me. I believe if I had agreed to pay what he wanted me to pay then a warranty would be no problem. I don't think a month is too much to ask considering I was told a year in our initial agreement. I think I'm being more than fair.

 

[musclecar neal]

Now that I have the enitre story O am on your side. He should give you a 30 day min warranty on his work. Not the parts. If he did something wrong it will show up quick. Go talk to him alone and do a man to man talk with him and ask him how he would feel in your shoes. He might just rethink the whole thing and step up. Always remember demanding things get you no place fast. Buy asking what he can do will get him to do what is right. Just as "hey can you please give me a 30 or 60 warranty on your work?" I bet he will. Let us know. And remember ask don't demand.

Neal

 

[GNandGS]

Your state laws may vary but there is usually a "reasonable" expectation of performance for things like this. IOW, its tough to do a "as is" warranty. Starting for the first time isnt fitting the qualification of "reasonable". What does? That's where it gets sticky.

IF it comes to court you will have things in your favor for that reason BUT its not a slam dunk... you gotta have all your information organized and ready to present.

 

[whitehot84]

Seen it just last year. A guy took his car to a speed shop here and told them to rebuild the engine. He got it back and it lasted a whole 1 day. Turns out they didn't know squat about a turbo motor. They had a Buick builder in Bowling Green build a replacement and put it in. The car still ran like squat. He finally brought it to me and in a week I had it running hard. The new motor was fine but the electronics and vaccum system were trashed. They had a local muffler shop put a POS exhaust system on it also.
I'm not advertising, just want to make the point that you need to find someone who has experience on these cars to do the work.

Just because some of these guys can build a SBC motor they think they know all about all of them. I hope you don't have the same results.

Good luck.

Ron

 

[TurboJunky]

Need evidence to go to court, do this:

Start recording every conversation you have with this loser (phone, in person etc.) Get him to repeat your original agreement including the original price for the work and completion date. Just get him on tape stating he knew and told you it was a $2500 job and was supposed to be done in 3 weeks. You now have him COLD. Sue him and don't let him know about your evidence. Produce it in court and let the judge hear from his own mouth what your agreement was. By this time he would have already told the judge YOU are the liar and no such agreement existed. Case closed.....