Bowtie70SS Posted September 15, 2006 Report Share Posted September 15, 2006 I need some advice about taking my engine builder to small claims court, I yanked the engine out of my SS tonight after about 1500 miles. It has so much piston slap it sounds like a diesel hot or cold. I found a loose O ring under one of the valve covers, you can rock the pistons in the bores about .030 or so, they are really loose. There are really deep hone marks in the block, like the stone had a metal fragment in it or something. I was sold Morel lifters, yet the ones in my engine look like some 100k mile lifters with thrust wear on them. The pistons are caked in oil deposits, my 55k pistons were cleaner. In Ohio I can only recover $3000, which would be fine. I am out a little more but if I have to pay a lawyer then I guess a civil claim is in order? I plan on taking it to a real machine shop to have it fixed. Maybe I can talk the machinist into being a witness. Also the guy I want to sue has my original rods and won't return them...he has a million excuses. Also he has my engine stand...excuse there also. Sorry for the long post but I don't want to go in there and look like a ass when I go in there. Thanks Dave Quote Link to comment Share on other sites More sharing options...
misterp Posted September 15, 2006 Report Share Posted September 15, 2006 (edited) Well, what I would do is take the engine to three other machine shops and get repair estimates to bring the motor to the specs that it was supposed to have originally been built to and delivered with. Also bring photos proving that is the engine originally delivered to the plaintiff for rebuilding and is still the same engine being estimated for repair. The judge does not want to argue lifters this and slap that and ring the other, he wants it in dollars and cents and when you can say "I suffered $$$ in direct damages" it makes it easier to discuss in the short time you have. Also, be prepared for any counter argument from the plaintiff (like, the customer did not break it in correctly or abused it or etc). There should actually be a lot of laws covering auto repair in your state, and the small claims court usually provides a number you can call for general legal advice for free. Fight the good fight, keep us posted. Mr. P. More - the small claims court might have a rule that you must attempt at least 2 or 3 times to resolve the issue prior to filing a claim. So be prepared to have documented log of exactly when you spoke with whom about what. Edited September 15, 2006 by misterp (see edit history) Quote Link to comment Share on other sites More sharing options...
Bowtie70SS Posted September 15, 2006 Author Report Share Posted September 15, 2006 Below is a pic of what I found shortly after getting my truck back from the engine builder. I found three loose, not started bolts sticking out of the intake. No wonder I couldn't get it to idle right! Also I noticed this because my PCV hose was different then the new one I had installed. If you can't tell this is a piecee of 3/8 hose pinched under my intake that they just cut off. Check this quality work out!!! Dave Quote Link to comment Share on other sites More sharing options...
Bowtie70SS Posted September 15, 2006 Author Report Share Posted September 15, 2006 Am I not entitled to all of the parts I paid for...specifically the ones that are on my recipt? Those lifters alone I was charged $400 for. Not to mention the fact that the parts were installed incorrectly. I already went back once with the pic in my link above, and a pile of parts including a inner CV boot that was torn by him...he gave me back $500 for my labor to fix his F ups. You would think he does nice work to see all of the cars there as well as the nice shop he has. I'm gonna go talk to him tomorrow or Saturday. I will give him the chance to make it right...Also he talked about how Mahle pistons weren't that great and I was gonna be getting JE pistons...lie my engine has Mahle's in it . My hair is about to burst into flames I'm so pissed off. I guess I paid some tuition in the school of life if nothing else. Dave Quote Link to comment Share on other sites More sharing options...
misterp Posted September 15, 2006 Report Share Posted September 15, 2006 Take the invoice and the engine to another shop - have them estimate what it will take to get the f'd up motor into the condition represented on the invoice; that means you will need new parts (the parts that should have gone into the project in the first place) and this will be shown in the estimate. Quote Link to comment Share on other sites More sharing options...
Bowtie70SS Posted September 15, 2006 Author Report Share Posted September 15, 2006 Thanks...I have been researching the small claims deal. It seems I need to try and work out something with him before I go to court. I can't wait to go have that talk...I am interested in catching him in a lie. I can't wait to see how he explains away the fact that the $400 set of lifters isn't there. Dave Quote Link to comment Share on other sites More sharing options...
SoCalSS Posted September 15, 2006 Report Share Posted September 15, 2006 Dave, I would also personally bring either a recorder or another person (witness) to hear what is said during the conversation. Many things is small claims becomes a your word against his. Document everything humanly possible. Its always better to be over-prepared than under-prepared Owen Thanks...I have been researching the small claims deal. It seems I need to try and work out something with him before I go to court. I can't wait to go have that talk...I am interested in catching him in a lie. I can't wait to see how he explains away the fact that the $400 set of lifters isn't there. Dave <{POST_SNAPBACK}> Quote Link to comment Share on other sites More sharing options...
fox_forma Posted September 15, 2006 Report Share Posted September 15, 2006 is that pic working for anyone else cause I keep getting an error when clicking on it? Quote Link to comment Share on other sites More sharing options...
misterp Posted September 15, 2006 Report Share Posted September 15, 2006 (edited) Dave, I would also personally bring either a recorder or another person (witness) to hear what is said during the conversation. Many things is small claims becomes a your word against his. Document everything humanly possible. Its always better to be over-prepared than under-prepared Owen Usually recordings of any kind are not admissible, but your written log/documentation/notes are. So you can record what happens for your own purposes, and your written transcript of it IS admissible (backasswards as that may seem). Bring several other people, good solid business owning people are best if you have those kinds of acquaintances. And document, document, document; lots of photos, lots of diary. Edited September 15, 2006 by misterp (see edit history) Quote Link to comment Share on other sites More sharing options...
TurbochargedBerserker Posted September 15, 2006 Report Share Posted September 15, 2006 Did you pay cash or cc? If cc, get the 3 estimates in writing and then call your company and reverse the charges. I've done this in an automotive setting with a single estimate and had my money refund (on two occasions). Quote Link to comment Share on other sites More sharing options...
Bowtie70SS Posted September 15, 2006 Author Report Share Posted September 15, 2006 I paid $1500 in cash rest on CC. I guess I should call the credit card company and try and stop it that way. Dave Quote Link to comment Share on other sites More sharing options...
Black03SS_NJ Posted September 15, 2006 Report Share Posted September 15, 2006 Go to a lawyer and inquire whether Ohio has a consumer protection law. In NJ, your situation would fall under the Consumer Fraud Act, which would qualify you for 3x your damages plus attorneys fees. Any shop that holds themselves out as professional and qualified and performs that type of work is most certainly committing consumer fraud. Quote Link to comment Share on other sites More sharing options...
Holty Posted September 15, 2006 Report Share Posted September 15, 2006 is that pic working for anyone else cause I keep getting an error when clicking on it? Sorry, some required files are missing, if you intended to view a topic, it's possible that it's been moved or deleted. Please go back and try again. Quote Link to comment Share on other sites More sharing options...
CoolBlueSS Posted September 15, 2006 Report Share Posted September 15, 2006 is that pic working for anyone else cause I keep getting an error when clicking on it? <{POST_SNAPBACK}> Sorry, some required files are missing, if you intended to view a topic, it's possible that it's been moved or deleted. Please go back and try again. <{POST_SNAPBACK}> I'm getting the same thing. Sounds like he screwed up bigtime, but you should have a leg to stand on. Do like P said, document, have a friend with you everytime you talk to him. That way if it comes down to your word against his you have some back up. Good luck. Quote Link to comment Share on other sites More sharing options...
misterp Posted September 15, 2006 Report Share Posted September 15, 2006 I paid $1500 in cash rest on CC. I guess I should call the credit card company and try and stop it that way. Dave This is a good idea, credit card companies are vicious. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.