restoration?Body man won't work on my truck

[Daves72'GMC]

I took my truck to a man which owns his own body shop last year sept. 2nd and he gave me a receipt in writing to fully restore my truck in like new cond. with the price he's charging me and it says it will be finished in one year and sighned it.It should have been done sept. 2nd this year. He hasn't worked on it in 5 1/2 months and doesn't give me a reason for not working on it other than firing 2 workers which leaves him all by himself and keeps saying he'll start on it soon and works on other vehicles.He told me last Tuesday he'll start on it in 1-week.My truck is all apart down to the frame and wheels, rear end.I thought I would give him an ultimatum next Friday and tell him to restore my truck or pay me what its worth.What is my best recourse?Lawyer? Thank you everyone for your help and advice. Dave

[Joe67]

Touchy situtation for sure. Lets say you do take legal action and he does end up continuing to work on your truck. More then likely you'll have less then satisfactory work done.

I hope this works out Dave.

[LUV2XCLR8]

Originally Posted by 67c10step

Touchy situtation for sure. Lets say you do take legal action and he does end up continuing to work on your truck. More then likely you'll have less then satisfactory work done.

I hope this works out Dave.

LIKE HE SAID ABOVE, OR, YOUR BEST BET MIGHT BE TO GO UP THERE WITH A
TRAILER, PICK-UP EVERYTHING, DRAG HOME IN PEICES, THEN GET A LAWYER.

[Daves72'GMC]

He did put it in writing in like new cond.If he didn't do a good job and it was obvious he did a bad job ,I'd end up suing him anyway.and I'd tell him if I have to get a lawyer I will be suing him for the value of the truck which is insured for $14,000 before restoration plus all of the parts for restoration and lawyer cost. I've got $19,000 into it now with everything with out lawyers cost.

[Daves72'GMC]

The truck is in so many pieces and he'd basically would be buying the truck from me if I have to get a lawyer and I win. I don't have room to store everything.What other Ideas do you all have . Thank you

[LUV2XCLR8]

Originally Posted by Daves72'GMC

He did put it in writing in like new cond.If he didn't do a good job and it was obvious he did a bad job ,I'd end up suing him anyway.and I'd tell him if I have to get a lawyer I will be suing him for the value of the truck which is insured for $14,000 before restoration plus all of the parts for restoration and lawyer cost. I've got $19,000 into it now with everything with out lawyers cost.

OUCH, IF IT WAS INSURED FOR $14K AND IS IN A 1,000,000 PEICES, I MIGHT
JUST SUE, HOPE YOU WIN, TAKE THE $14K AND WALK AWAY, BUY ANOTHER.

[D.PASSMORE]

Speak to a law consultant (Lawyer or Paralegal) about the small claims court system and reporting him to a state agency dealing with these kind of matters. Small claims will keep your overhead down and he will be served paper work to appear in court. Its worth it, I know.

[Mudder]

Don't think theres much you can do. I've heard lots of stories like this and even had it happen to me one time. Your best bet would be to go get it. If ya pi$$ the guy off what kind of job do ya think he will do for ya? 14,000 for what year of truck and in pieces? What kind of Judge will do that even after you have spent how much with a lawyer. I'm not trying to be a prick here, just trying to be realistic. Body shops can pretty much have you under their thumb once they have your truck and have it all torn apart. Hope it works out for ya.

[Mudder]

How much have you paid this guy up to this point? Sounds like a big fricken mess to me..... I do know body men tend to let jobs go like that and do insurance jobs first. People are ususally wanting their stuff back fast and its better money.

[ChevLoRay]

Talk to your insurance agent. If you have the truck insured for a stated value, and you provide a copy of the "contract" signed by the body shop representative (owner?), I'd try to find a way to collect on the insurance. If the insuror investigates, and I'm thinking they will, he will see that one way or another, he'll be liable for the $14K....if the insurance company declares it to be a total loss....which is seems to be at this point. You're still out $5K. Small claims courts usually have a limit, and $14-19K is over that limit.

There's the bad publicity side of the issue. Does your local TV station have a department that airs stuff like this? The fact that he fired two employees doesn't matter. If the "contract" is held to be enforceable, he's at fault, and liable.

I work with a lady who had a similar agreement with a person they knew. When the bodyman went a year without making any progress, they sued him. In fact, Texas Justice contacted them about putting it on TV, but they declined. When it went to court, they won a judgement against the bodyman. He paid their claim, and he kept the truck.

Until you start legal proceedings, he probably won't do anything except keep up the oratory rhetoric. A letter from a lawyer might entice him to finish the project, but unless he's willing to let you take YOUR truck from his business, you'll probably need a court order to get him to let it go. He probably has time and material invested and he's not going to give up the possible income without a fight.

After contacting a local street rod shop about doing my truck, and receiving an estimate "in the $15-20K ballpark", I have decided that my truck will truly be finished when it has a coat, or two, of black primer-sealer....for that "Old Skool" look. I've already got $6K tied up, and it's a decent driver. But, it's not worth putting the kind of money in it that the rod shop wanted for their services. It would have been nice, but I have spent too much money helping the kids out of financial jams. It would be nice if my kids would pool their resources and contact "Pimp My Ride" or "Overhauled" and "surprise" me with a redo.

Good luck. You need a lawyer.

[Steven Sellers]

Man now this sure sounds like that deal another board member went through with a repetable body man of this board a while back. I dont suppose you would post the name of the shop or PM me it but the other deal was also a fellow down here in NC not getting what he wanted near on time.

[Mudder]

I was sorta wondering the same thing???????

[Steven Sellers]

Well no big secret I guess since I did find one post on him I sure hope its not this guy your dealing with....click below

http://67-72chevytrucks.com/vboard/s....php3?t=108111

[Harold Shepard]

I went through the same thing, and ended up finishing the truck myself- save for the paint. Some people are truely rear ends about things. I am sure you have seen the signs that some people put in their shops about emergencies and getting it there sooner, sounds like it is ok if they say crap like that but when you are the one paying after all they are working for you, they act like every problem they have is your fault... Crap, they should quit crying and hire some help. Down side to your problem and what I ran into was others won't touch the job after someone else has started because they don't trust the work even if it is a very reputable shop/man. So you prob. should pick it up, but good luck finding someone to tackle a started job.

[Harold Shepard]

Just thought of this, you could tell him it is sold and take a friend and trailer and pick it up then sue his ass for breaking the contract in the amount of time specified.

[Daves72'GMC]

Chevloray, I kinda like the letter from the lawyer route first then sueing if that doesn't work like your lady friend and he can keep the truck, not that I want to give it up.I also have given him $1,500 to start the restoration and I wouldn't mind it if he works on the truck then does another paint job or something, but to not work on my truck at all for 5 1/2 months and only work on other cars and forget my truck completely. I also told him at least 2 times before the restoration I did not want my truck pushed to the side and forgotten and thats when he said he would put it in writing that it would be done in 1-year. How much longer do I wait until I talk to a lawyer and what kind if lawyer do I use? Thanks everyone ?

[Harold Shepard]

Where in Asheville are you located ??? Harold

[Daves72'GMC]

Actually Mills River area.Any other Ideas? Thanks for everyones help.

[dtlilly]

I went through something similar this past summer. My truck was to be done by April 25th, and July 15th I showed up with a trailer to get it. He tried to say I couldn't remove the truck until he was paid for supplies. I called the local Sheriff, and after showing proof of ownership, I was allowed to get my truck back.

As far as suing him. Get all your items back first. Don't allow him to do anymore work. Nothing worse than having a pissed off body man work on your stuff Get a lawyer that handles business law. Talk to some people and find one that will do the case contingent of getting a settlement... be prepared to give him 1/3 of final settlement plus his actual costs. The shop could also have an unexpected fire, but that would be illegal

[fast71]

Dave , I see you have the truck insured for 14k is this estimated or has it been appraised? The reason I ask is ,I have learned a few thing last week dealing with a Insuance comp. A friend of mine just finished his 71 camaro ss after a long 2 year frame off resto. We were talking to a insurance agent from Chrome insurance ,a old car and hobby ins. comp. My friend told him he wanted the camaro insured for 20,000.00 . The guy said we can do that but it would be a estimated value. That means if the car was destroyed they may pay 20,000they may not . He then said if the car appraised for 20,000. and something happened then they would have to pay 20,000. You need to check into that. Needless to say the car appraised for 22000.00 Tues. last week and Wed. he sold it for 20,000.00. here is a pic

[TugOwar]

It may be too late for this but let me suggest a different approach.

How about on top of being a customer you also become his friend. I don't know how much time you have or your work schedule but maybe a couple afternoons each week just stop by the shop and if he isn't too busy just hang around and BS with the guy. Maybe take a six pack along. If it's like it is around here mechanics and such usually hang around the shop after work hours and share a few brews with friends.

Don't even bring up your truck right off the bat. Show interest in other projects he may have going, pick his brain about subjects you might have in common (auto's, restorations, etc.) He has undoubtedly gained valuable experience in his trade over the years. Show him respect and treat him like the expert in his field that he is. It's always good to learn from a more experienced person.

Talk about BS that has nothing to do with cars, trucks, etc. You may learn he has had a recent tragedy in his life, loss of a loved one, financial hardship, etc.
Maybe if you have time, volunteer to come by a couple afternoons/evenings and help him put your truck back together, an apprenticeship kind of thing maybe. If it works out you get your truck back, you get to personally witness the craftmanship that goes into it and you may learn something along the way and he gets paid for the job. (although maybe less than agreed if you help him with it.)

I don't know but he was willing to sign an agreement a year ago which means he felt confident in his ability to complete the job, seems to me something changed 5 1/2 months ago and it may be in your best interest to find out what. If it's financial hardship he may decide to burn down his own shop, collect the insurance and skip town. People do desperate things in desperate times.
All the court judgements in the world aren't worth the paper they are written on if you either can't find the guy or he has no money, you can't get blood from a turnip.

Like I say it may be too late, but there it is for whatever it's worth. Good luck.

[ddsmith]

Well, I've got to say reading this subject has me a little ticked. What happened to a man's word, a hand shake, and in this case a signed contract. If I owned the shop and signed a contract like that then it would be like overhauling. No rest, no fun, no goofing off until I met my commitment. Is this guy a professional? He sure isn't acting like one is he. You shouldn't need to kiss his ass to get what he stated he would do. His problems are irrelavent to the issue. He signed a contract he needs to live up to it. He's starting to sound like a professional football player. They sign the contract and then say they are not getting paid enough and the contract gets re-negotiated. That's all a bunch of crap. Loyalty and honor are words that seem to not exist to some individuals. So I guess what I've learned from this is trust no one but that isn't the way I am. I guess I can fall back to the second thing I've learned. Buy the tools, get the practice, rent the space and do it all yourself. You can pretty much bet that no one will work on it as hard as you will. Good luck dealing with poor excuse for a business owner.

[fast71]

That is a great idea. It works. I did this on my seat when i got it covered. the guy told me two weeks after 3 it wasnt done so I started hanging around and B.S.ing the next few days he got mine done . I know it a little different but you may want to try that .

[Fred T]

I would go ahead and make a phone call to an attorney. They will usually give you some free advice over the phone. Get their read on this before doing anything.

[Gary]

This is why I'm glad I have that old prepaid legal plan, I keep it mainly for my business but when I have problems I can call them up and talk to a lawyer, explain the situation and get a recommendation on what to do.

I don't know how I'd handle your situation, buddying up might work, if you're going to get a lawyer, I'd definitely get my truck first. Before you go get it find out what your rights are, you may need or want to show up with law enforcement to get it, definitely talk with a lawyer first.