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Truck heating up

suladas

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Jun 30, 2016
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There is one huge problem here that hasn't been addressed.
At this stage of this repair with each arguing back and forth--What kind of repair job does anyone
who has followed this thread think this guy will perform?

That's my biggest issue right now. It's a waste of time and money if he can't do that right and I doubt he can, especially when he admitted he did one like it with the thinner space plate last summer and it failed shortly after. I don't want to gamble over $15k on that. As much as it sucks it's why I think I have to write off fixing the truck, at least for now.
 

suladas

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Then you may as well go in tomorrow morning and tell him you're done, keep the truck.

And he's going to tell you see you in court.

He might. But he might also come to the realization at some point in the near future how badly he screwed up and he can't go the legal route because he will lose, badly.

He'd get nowhere in court without a signed work order and could lose in a countersuit. It's very expensive if a lawyer is required. He just went ahead and did things without the consent of the person paying the bill. That in itself isn't uncommon but usually not for such expensive work. Maybe he'd give a discount on the parts if he understood his options? Labour on engine should have some kind of warranty. You can always have other issues in relation to the safety done by someone else. The engine is already apart so it might be best to have him do that as long as there is some kind of warranty.

100%. Unfortunately i've been to small claims court here before going after renters for damages and did it myself so I have a decent idea how it will play out. Having zero documentation for going ahead will not go well for him. And it's not like he got verbal confirmation and i'm just trying to get out of it, I can back up that I was pissed he went ahead by my texts asking him what's going on why are you so deep into repairs before we know what it will cost/if it makes sense to fix. Small claims court isn't expensive at all, it's just time consuming and a very slow process. I made it pretty clear that $13k as-is or $15k back together was a ridiculous option, and he said he wasn't eating any parts costs so. He won't provide any warranty at all unless it's a full rebuild.
 

63 caveman

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western Pa.
suladas,
You have this shop by the short hairs now. You took in a junk truck And they started repair with out proper approval. It's just his word against yours in court and he has more invested than you at this point. That shop is so screwed, they can't even get the POS out of their shop because you can go after them for destruction of property. Looks like you win but what?
If this was my shop I would give you all your $hit back at no charge and not make that mistake again. Come to think of it I did just that once a long time ago.
 

Welder Dave

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Oct 11, 2014
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Why I said a warranty for his labour on the engine is so he doesn't just slap it together. Small claims court is up to $10,000. I thought you were talking at least $13,000. Although small claims is supposed to be so people don't require a lawyer judges can be very very very biased and almost have their mind made up before you even get to court. A pre-trial meeting to see if court can be avoided is usually requested and if it can't be resolved a court date is set usually 3 month's later. I went through a pre-trial for wrongful dismissal and the other party had a lawyer who mostly does personal injury. The judge made very offensive racial comments towards the lawyer I had write a letter and received advise from. He also said to me, "You're a welder and can't get a job in Alberta." Very condescending and not related to why I was suing. I was also in a supervisory position so there's not as many positions to apply for. Even another lawyer I had some dealings with told me the judge was out of line with his comments. When it went to court the judge there was a little better but still had an attitude that you could just go from 1 job to another. I provided a list of places I had applied but that wasn't good enough for him. The other party (who's lawyer apparently quit at the last minute) was ordered by the pre-trial judge to provide phone records. They never did, which would have proved my testimony and that they were outright lying, and there were no consequences what so ever. I did win and may have been awarded even more but I still felt like the other party were treated like victims. The court date was on a Monday and the Friday before the company tried to get the court date extended because their lawyer abruptly quit on them. I was kind of expecting they'd be successful. The judge did have an issue with this and said he was going to look into it but I doubt he ever did. I'm 100% sure it was just a stall tactic but it did go ahead on the Monday.
If you go to court try to get witnesses to show up, maybe another repair shop that does engine work that can verify that some kind of warranty is common on major engine work or that work doesn't proceed until approved by the customer and a work order signed. Most shops want to ensure they will get paid before they do the work. My former neighbor wasn't happy with the cost to rebuild an engine so let the shop keep it. I'd bet it was more of he didn't think it should cost that much than the shop being at fault. I know someone who worked at that shop and they eventually sold the rebuilt engine. In your case if you abandoned the truck the shop would have a difficult time selling it unless they put a lot of time and more money into it to recoup their costs. I think it's best if you try to work with them at least on the engine.
 

Welder Dave

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Just doing a little searching on what is required from a repair shop and found this. This looks to be related to passenger vehicles but I think similar rules would apply to any vehicles or equipment being repaired. Pay particular attention to items 2 Estimate, Authorization of work and Authorization not in writing. I also read something about having to provide a 90 day or 5000Km warranty on repair work. Also a misdiagnosis and unnecessary repairs a mechanic/shop can be liable for the cost of those unnecessary repairs. I agree with 63 Caveman, you've got them by the short hairs. I would however try to be reasonable with them instead of blowing up at them.

IMPORTANT: Changes to Alberta Consumer Protection Act | Buy, Sell and Research New and Used Cars - MDAAlberta.com
 
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cfherrman

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Hays, Kansas
I think I may have an idea. I would probably go in and take pics of your truck and other stuff for a possible destruction of property claim. Talk to him again real short just be nice and hold your ground. Tell him you will think about it. Let the truck sit, if it gets moved outside you might have to make sure he's keeping the engine from getting damaged from rust.

The longer it sits with a bill unpaid the better you can negotiate. You have your father's truck so he can't squeeze you on it sitting. Call a lawyer and see how long it can sit there before he tries to take the title. A simple consult should be free. I'm just worried of it sitting outside rusting the deck of the engine, that might take another call to a lawyer for destruction of property as well.

100% lawyers get involved everyone loses, it would be cheaper to pay the bill. Would also probably cost him the bill to get a lawyer too.
 

Welder Dave

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Curious how things are between the shop and you right now. Like have you blown up at him or he just thinks you're a little upset? Wondering if there's still a chance you could reason with him... You have this much to spend and he fixes everything he's started taking apart with a warranty on the engine to ensure it's done right.
 

Welder Dave

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There needs to be some kind of warranty on the labour. I think a shop has to have journeymen mechanics in order to operate in Alberta. Otherwise what's to stop the shop from having a laborer throw it together? A shop has to stand by their work. Like I previously mentioned I think it has to be a minimum of 90 days or 5000km's. The work also has to be done by someone component enough to be doing it. It's different if you take it to a friend of a friend to do in his backyard. If the shop just threw it back together and it failed in short order they could be sued for the cost to have it repaired properly by a competent shop. It's in their best interests to do a proper repair even if they are pi$$ed at the customer.
 
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DMiller

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As Canuckistan tends to require card carry for any technical trades, cannot see skipping out of labor repair warranty.
 

Mobiltech

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So as I understand it he opened up a $4000 engine build kit to get the spacer plate gasket out so the 13 k would include you getting that whole kit back.
Still not sure why guys do that. If you have any math skills you can do it with just the spacer plate. Also most times the measurement is a waste of time because it won’t show block fretting in a small area.
 

Truck Shop

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WWW.
Brand of cutting tools I own-this is the 50139 which covers most all Cat with different cutters. I also
have the cutters for N14 and Series 60. It's buying all the cutters that's expensive. When quit in the
very near future-it's already sold.

MTC50139-2T.jpg
 

suladas

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So as I understand it he opened up a $4000 engine build kit to get the spacer plate gasket out so the 13 k would include you getting that whole kit back.
Still not sure why guys do that. If you have any math skills you can do it with just the spacer plate. Also most times the measurement is a waste of time because it won’t show block fretting in a small area.

You bring up another good point that pisses me off even more about him, he's double charging on the quote. He has $4k for rebuild kit and $750 for head gasket, I didn't know the head gasket came with rebuild kit. The $13k doesn't include the $4k rebuild kit. Only engine parts are head gasket and spacer plate, both $750ish, and then the $3k head work. He says he is 33 hours into the engine alone now, and 16 more to put it back together which seems insanely high. Also added another $1k for "overhaul gasket kit", but when I look on online sites, out of frame gasket addition is only $250. Comparing prices to online he's hosing me really bad for pricing. Also a new loaded head is only $4k CAD, while I don't know if it's quality, but if it was i'd never spend $3k machining a 30 year old one, that's just foolish.

Considering how much he's marking up the parts, if the one's i'm seeing online are quality, I think the price to rebuild would actually be well worth it.
 

63 caveman

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You bring up another good point that pisses me off even more about him, he's double charging on the quote. He has $4k for rebuild kit and $750 for head gasket, I didn't know the head gasket came with rebuild kit. The $13k doesn't include the $4k rebuild kit. Only engine parts are head gasket and spacer plate, both $750ish, and then the $3k head work. He says he is 33 hours into the engine alone now, and 16 more to put it back together which seems insanely high. Also added another $1k for "overhaul gasket kit", but when I look on online sites, out of frame gasket addition is only $250. Comparing prices to online he's hosing me really bad for pricing. Also a new loaded head is only $4k CAD, while I don't know if it's quality, but if it was i'd never spend $3k machining a 30 year old one, that's just foolish.

Considering how much he's marking up the parts, if the one's i'm seeing online are quality, I think the price to rebuild would actually be well worth it.

You said it all. If you don't know and do not trust HIM to know then find someone that knows and get them to do the job for YOUR price and everyone will be happy. Right?

GOOD LUCK!
 
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