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Truck heating up

suladas

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I just wonder how he has 33 hours into it to get head off clean and measure.

It's much further along then that, there is nothing left in the front at all. Rad, alternator, fan, hood, bumper, absolutely everything is pulled off. There is nothing left in front of the firewall except the bare engine. But still seems like a lot, and if it was 33 hours to take it apart, why it is 16 to put it back together? I can see more to disassemble but not double.
 

Welder Dave

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Does the shop have a low per hour rate compared to other truck repair shops? It sure appears they are really padding the hours. Keep careful track of all the hours they are charging. If it does go to court and you can show that other shops would have done the same type of work for a lot less hours would help your case.
 

suladas

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Update, he asked this morning what I was doing with it, I replied I have no idea i'm not ok with either option. He said he's boxing it up and putting it outside. I think this is probably best.
 

suladas

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Does the shop have a low per hour rate compared to other truck repair shops? It sure appears they are really padding the hours. Keep careful track of all the hours they are charging. If it does go to court and you can show that other shops would have done the same type of work for a lot less hours would help your case.

He totally is, I don't know what his actual labour rate is, it says $135 in one spot, $141.75 in another and also a line item "10% off labour up to 400" but that line item adds $400 to the bill, so it's basically $150/hr. It's a lower rate for sure, but when I sent it to my buddy he said the overall labour amount wasn't far off from what they'd charge and their rate is $190/hr I believe.
 

Welder Dave

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He's trying to make it seem like he's less expensive. Putting it outside I can't see a good outcome but why did he go so far into it? I think it's always best if the same person that took it apart puts it back together because they should remember where everything goes and the hardware for it. Outside with the head off sounds like a recipe for disaster. Is it worth telling him he has so much to fix it or it goes to court? Him going so far without a signed work order or an estimate is strongly in your favor. Putting it outside in pieces after his screw up would make a good destruction of property case too. I think it's time to consult a qualified lawyer. Most will give a free 1/2 hour consultation. Getting a carefully written letter outlining your grievances and potentially going to court costs about $500. It's probably above small claims but he should realize that it would cost him a lot of money to hire a lawyer especially to go to court. It's very possible a lawyer would tell him he doesn't have a good chance of winning without a signed work order. Your lawyer outlining some of his serious mis-steps might convince him or his lawyer he doesn't have a good defense.
 
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suladas

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Once it's outside i'm going to access how the parts are and how well everything is labeled and put together (i'm assuming he will just put everything in the dump box) and call a shop about cost to rebuild, and ask if they would take over someone's work and get an idea if it might make sense. I think the engine parts would be the biggest concern, i'd imagine anyone who regularly does engine work could throw the accessories on blindfolded, the hardware if it isn't labeled well could add up nickle and diming i'm sure. If I did decide to just scrape the truck i'd probably just send it to auction, or call a wrecker and see what they'd offer for it in pieces. I am going to assume 99% chance the head, head gasket, and spacer plate will be kept in his shop.

He hasn't agreed to budge on anything and doubt he will. It's in his best interest if I fix it though, because then i'd pay him the $2500 for the frame, if I scape it I won't pay a penny for it because it's of no value.

If the engine isn't wrapped up and protected I will do it and take the truck right away. It would definitely ruin it in short order, as the oil pan is off too.
 

Welder Dave

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He can't keep parts that he wasn't authorized to remove like the head or oil pan. Makes a case for destruction of property even better. Talk to a lawyer pronto! It's not unlike paying $500 or $1000 to have a machine inspected before purchase. It's well worth it to know your best options cost wise. You have a friend in the business at another repair shop. Consider him your ace in the hole, ie/ expert witness. He could testify what the proper steps are to diagnose, estimate and what is required from the customer to go ahead with repairs. It's even better he's at a dealership and not some tiny shop.
 
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suladas

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I'm going to wait and see how it plays out, his stance is already softening, he asked what I would be ok with.

Oh ya if it gets to court he's screwed, the word of a foreman at a big dealership will carry far more then his that he absolutely screwed up badly.
 

Welder Dave

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Maybe giving him an amount to finish what he's started would be good at this point? He's got to realize he gets nothing if it sits outside and he has no signed work order.
 

cfherrman

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Let him stew a few months, if no go have a wrecker take the truck when's he's gone. Idk if the heads inside what to do about that. He most likely has a bill for the "$3000" machining job that will start to sting over time.

You do need to consult a lawyer for the possibility if he's going to sue you and how to protect yourself moving forward from it. A lawyer will not have a cost effective option for you to sue him.
 

suladas

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I don't think he would ever accept anything like that. He has $4500 alone in head work, head gasket, and spacer plate and that's no labour. Even back together the truck is really not worth anymore then before, and let's say it's $10k, his bill is $15k back together without any discount. I would bet anything he wouldn't even accept $10k, and there is no way i'm giving that much anyway. Where I see it back together he's at $15k, i'm at $1k we will never see eye to eye on a resolution there. About the only reasonable option I see is him take the risk in a rebuild and sell it and i'd go with that as long as I was getting at least $5k out of the truck.
 

suladas

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It takes longer to put together than to tear apart unless it's a pure rusty mess.

It is 30 years old and I have no doubt some of it was pretty rusty coming apart, some things could have never been taken apart even. But I totally figured the hours he says into it are really padded and the re-assembly is low. That was part of my concern of the rebuild like old wiring, hoses, etc could add up in the thousands quick if they require replacement on re-assembly.
 

Welder Dave

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If it went to court and could prove gross negligence or something along those lines on his part, you could be awarded some or all of your court costs including lawyers fee's. If you went for the max. $10,000 in small claims could do it yourself if fully prepared. You also get to ask leading questions being the plaintiff. There would be a meeting either in a lawyers office or the court before it ever went to trial. It's highly possible he might back down if it was explained to him how strong a case you have and how weak if any of a defense he has. In person witness is best by a long shot and you have your foreman friend. You could possibly call a good law firm and have a student assigned to help you. They would get guidance from experienced lawyers but you would pay a lot less.
 
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cfherrman

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There's no guarantee of getting sanctions and if you or your lawyer does a poor enough job you could be subject to sanctions, only a fool goes in poorly represented. A lawyers cost also has not much to do with the job they will do.
 

cfherrman

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I don't think he would ever accept anything like that. He has $4500 alone in head work, head gasket, and spacer plate and that's no labour. Even back together the truck is really not worth anymore then before, and let's say it's $10k, his bill is $15k back together without any discount. I would bet anything he wouldn't even accept $10k, and there is no way i'm giving that much anyway. Where I see it back together he's at $15k, i'm at $1k we will never see eye to eye on a resolution there. About the only reasonable option I see is him take the risk in a rebuild and sell it and i'd go with that as long as I was getting at least $5k out of the truck.

Probably if I was in your shoes I'd try pay him what's he bills minus the machine shop and parts since that was clearly not authorized, and then walk away from this guy with your hands and conscience clean. If he doesn't accept that he messed up by ordering that stuff and eat it then it a impass till someone gives.
 

Welder Dave

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Having a letter from a lawyer doesn't necessarily mean you're going to court. It can however make the other party very nervous especially if they know they went ahead without proper consent that is common in the industry. The other party will likely think they will need their own lawyer and that could cost them a bundle and it might be in their best interests to try to settle or work something out. If they think you are bluffing or don't respond they might not think so if your lawyer requests a meeting where both parties lay their cards on the table. It doesn't have to mention going to court initially. It could say something like if we can't come to a resolution we will have no choice but to take further actions as required. It should also include the term, "Time is of the essence". This is important in legal dealings. It gives them a limited amount of time to reply. It could be 15 or 30 days, etc. Your lawyer could advise how long it should be. You can do all the necessary work like you're prepared to go to court including filing a statement of claim and not actually intend to go court. Hopefully the other side realizes they should try to resolve the issue. You can cancel the statement of claim anytime up till the trial date set. Have heard of cases being settled the morning of the court date. The initial letter and response will help dictate how to proceed. A meeting could be a likely second step if they claim they did nothing wrong.
 
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