IS it possible to sue a shop for taking too long with a swap?

[93semax]

I'm not going to say what shop it is. The swap was supposed to be completed 8 months ago. I payed them nearly 1 year ago for the engine. They do not answer calls, emails and to not return calls when left a message. I'm at my boiling point now. I bottled it up before and I can't handle it now. I'm 1 week away from calling a lawyer.

Has anyone had to do this? Isit possible?

[r34 gtr]

go kick some arse. i would have 4 months ago. but go over there and threaten them face to face first. maybe theyll have your car the same day. anyone with one arm could swap an engine in a month.

[llamabeta]

Have you ever gone to see them face to face in the past 8 months? Though they should be professional you shouldnt give them such slack. I'd threaten them with a lawyer and also report them to BBB (Don't know if they are member) or perhaps you have a local organization that can look into it. Run their name through the mud (after you get the car). Also, once the swap is complete if there are any issues ANY with the car. I'd take them to court. With 8 months they should know the wiring harness by memory at that point. Really sad for a shop to be so unprofessional but there are loses like that in the world.

Best of luck.

[TurboKA37]

tell them u work for a billboard company and will have one put up right next to their garage saying that they ripped u off and they suck if they dont get the swap done soon

[Cyberkreig]

It is possible. After my swap took nearly 8 months to complete, looked like crap, and then failed to start due to faulty wiring.. I looked into what could be done legally.

The lawyer, a friend of my dads, gave me advice at no charge, certainly felt I had a case. Two reasons why i chose not to go after them.

1.) It would probalby cost more than what i had invested.2.) You are having a motor installed that is not legal to be run on the street. I didnt see how you could complain that your illegal item wasnt being installed promptly. Like suing your drug dealer for pinching out of your bag..

[TurboKA37]

its only illegal on the streets correct? otherwise just threatin cuz its prolly more important to them that they dont lose money

[Repo Man]

I wouldn't go about threatening people for two reasons: First of all, it's pointless unless you intend to back it up. Second, if you choose to back it up you could be in a LOT of trouble. Or you might just get your a.ss handed to you.

[BadMojo]

2.) You are having a motor installed that is not legal to be run on the street. I didnt see how you could complain that your illegal item wasnt being installed promptly. Like suing your drug dealer for pinching out of your bag..

Who's to say that you were going to run it on the street? The folks doing the swap sell them for "off road use only". I guess the only hitch to that is the fact that you'd most likely turn in your plates before the swap if it was just a track car.

[Cyberkreig]

and they could ask you how you planned to get it home.. if you dont have a truck and trailer ready to show them...

[AJ-SPEC]

no way it should take that long. here in dfw, the shop I like charges you out the ***, but drop it off saturday, and the following friday night/saturday you are drifting your but off and handing it to turbo civics. but be carefull, after 30 days or so I've been told that they could put some kind of lein on your car if you leave it there unattended. you should not have waited 8 months to contact them. you could have died for all they know, because you never got a hold of them.

[spec-v5150]

One on side...so you have a contract stating work times. THERE IS NO WAY I can think a swap would take 8 months. If not, you dont have much of a case. They can alwasy say they hit snags during the swap.

On teh other side, why havent you been to see them locally. Did you ship your car to them???

[93semax]

no way it should take that long. here in dfw, the shop I like charges you out the ***, but drop it off saturday, and the following friday night/saturday you are drifting your but off and handing it to turbo civics. but be carefull, after 30 days or so I've been told that they could put some kind of lein on your car if you leave it there unattended. you should not have waited 8 months to contact them. you could have died for all they know, because you never got a hold of them.

I doubt that. I know a repair shop may put a lein on your car if they perform repairs and you do not pay within a certain time frame. I paid in advance, which was a huge mistake. I have all receipts/emails/ telephone time logs (on the phone bill). I have spoken to them during course of this ordeal. But I would put it at 6 or 7 times during a 1 year period. I probably called 200 times. In contrast whenever I call Mckinney, Mack always picks up the phone.

I guess no one has gone through this, I may be the first. I've had enough.

[93semax]

One on side...so you have a contract stating work times. THERE IS NO WAY I can think a swap would take 8 months. If not, you dont have much of a case. They can alwasy say they hit snags during the swap.

On teh other side, why havent you been to see them locally. Did you ship your car to them???

My contract does not state completion date. My invioce Does. They have gotten a few "snags" but they have drawn them out as if they are doing it on purpose. Example: the most recent "snag" the engine has made a knocking sound as if it has a spun bearing. This was 1 1/2 months ago. They were suppsed to contact Mckinney and tell them what parts they need. I call then 2 weeks ago and they state they just opened then engine. 1 month later they just opened the engine?! Anway fine. I call all day today-nobody answers. I don't leave a message because no one ever calls back. I call Mack @ Mckinney and ask if they have called, he says no, they have never called back. Obviously this means they have never opened the engine up.

[toki]

like play the 3 syllable game!

base ball bat

gun to head

make them work

if they dont

shoot thier hands

call it even.

[rookiegtr]

1.) I didnt see how you could complain that your illegal item wasnt being installed promptly. Like suing your drug dealer for pinching out of your bag..

Who do you think gets more time in jail, you or the drug dealer? If you threaten the drug dealer, the drug dealer will most likely deliver since he has higher stakes.

Question : If you broght a car to me, and asked me to do an illegal engine swap, is it illegal for me to swap an illegal engine for you?

[TurboKA37]

i dont understand y this is illegal? as long as u dont drive it on the roads it is legal (am i correct?) and he hasnt even had the chance to start the car with the swap in, so he hasnt driven it illegallt.

[JESTER]

Who do you think gets more time in jail, you or the drug dealer? If you threaten the drug dealer, the drug dealer will most likely deliver since he has higher stakes.

Yeah right! The drug dealer would just shoot you in the face. The shop on the other hand may be better motivated.

I say, go and talk to them directly. Tell them you need your car and work completed. Tell them straight up that you will have to seek legal advice if it isn't completed. I would suggest you try and be civil about it. Being rude will not get you any where. Even thou, it may make you feel better. If they dont take the hint, talk to a lawyer. And go from there.

[Thecollector]

If they are not answering the phone or emails, I would simply ask them why they arent. No harm in asking that. My swap took about 14 months. We had to find a wiring harness, ecu, ignitor and ship the exhaust, intercooler, and turbo direct from Japan. That took a long while. Didnt help that I kept comming up with new add ons and ideas to pay for.

http://www.cardomain.com/membe...age=1

[spec-v5150]

14 months for a swap!!!!!!!! Are you kidding me. I mean I by no means did a complete rebuild and added on a bunch of parts. That wasnt the goal of my swap. Even rebuilding that **** and adding upgrades shouldnt take 14 months. Even getting wiring and stuff from Japan shouldnt take more than a couple months if that. DAMN that is outrageous

[AZhitman]

I don't think there's anything you can do to this "nameless company" that's gonna hurt their future business. They don't care about the BBB, because they're probably not trying to gain new customers at this point. You could "talk to a lawyer", but my experience with attorneys in an instance like this is, they don't work for free - What are YOU gonna give them to make it worth their time? And even if they DO make something happen, you can't get blood from a stone - There's nothing saying they HAVE to do anything except give you back your car, and your $$$ and say ADIOS.

Besides, the whole "not for street use" thing makes it even touchier - It's not like you can say, "I need my car to get me to work and school!"

Lesson #1: Buy a car with the engine you want installed from the factory.

[Cyberkreig]

This thread should be a sticky.

TheCollector - 14 months.93semax - 12 months & countingCyberkreig - 8 months

Lesson #2: Know the shop you are dealing with. OR Do the swap yourself.

[Thecollector]

14 months for a swap!!!!!!!! Are you kidding me. I mean I by no means did a complete rebuild and added on a bunch of parts. That wasnt the goal of my swap. Even rebuilding that **** and adding upgrades shouldnt take 14 months. Even getting wiring and stuff from Japan shouldnt take more than a couple months if that. DAMN that is outrageous

Yea no kidding, that was what I said! To top it off, they went out of business because they sucked. Overall the swap and parts I got were great. Like I posted before on other threads, I got screwed and also had to pay $$$ to fix a few of their f***-ups.Bottom line is, you need to research the company you are giving money to.I did talk to a lawyer, 1st thing he told me was get my car the hell out of there to be safe. I didnt listen.

[AJ-SPEC]

93semax, you need to get your car out of there ASAP. get your reciepts together, take a mechanic friend or something, anyone who knows jack about cars, and make sure you have all your parts. call them, leave a message saying you'll be there in an hour or so to pick up your car. get together with a tow truck and tow your **** home. regroup, do some research, and finish yourself, as the motor is probably already in there, or take it elsewhere. you could even have a lawyer leave them the message and go down there with you. if they try to bs you, or don't even have the car, or the motor, they'll be seriously up the creek. you have an extremely reliable witness, on top of your other buddy. You are gonna get screwed on this one. the longer you wait, the worse it'll be. If you take it to court, they're gonna want to know why you left it there for a ****in' year.

[93semax]

I don't think there's anything you can do to this "nameless company" that's gonna hurt their future business. They don't care about the BBB, because they're probably not trying to gain new customers at this point. You could "talk to a lawyer", but my experience with attorneys in an instance like this is, they don't work for free - What are YOU gonna give them to make it worth their time? And even if they DO make something happen, you can't get blood from a stone - There's nothing saying they HAVE to do anything except give you back your car, and your $$$ and say ADIOS.

Besides, the whole "not for street use" thing makes it even touchier - It's not like you can say, "I need my car to get me to work and school!"

Lesson #1: Buy a car with the engine you want installed from the factory.

Obviously a lawer is not free. I know the company will not willingly give all the money back. That's why I need a lawyer. The "not for street use" has nothing to do with this.

[93semax]

93semax, you need to get your car out of there ASAP. get your reciepts together, take a mechanic friend or something, anyone who knows jack about cars, and make sure you have all your parts. call them, leave a message saying you'll be there in an hour or so to pick up your car. get together with a tow truck and tow your **** home. regroup, do some research, and finish yourself, as the motor is probably already in there, or take it elsewhere. you could even have a lawyer leave them the message and go down there with you. if they try to bs you, or don't even have the car, or the motor, they'll be seriously up the creek. you have an extremely reliable witness, on top of your other buddy. You are gonna get screwed on this one. the longer you wait, the worse it'll be. If you take it to court, they're gonna want to know why you left it there for a ****in' year.

The car is too far away to just go an pick it up (900miles) easily. I don't want to drive all the way down to find a closed shop.The motor that is in it supposedly needs a new crank+rods+bearings. But I have decided I'm going to pick the car up early next month. I'm taking a >$1500 hit. Hopefully I can work out a deal with McKinney.

What I've learned:1 Always do a swap yourself 2 Only follow the comments of those who have delt with a particular business.

[AJ-SPEC]

I didn't know you sent it elsewhere to get work done. they are probably thinking that some schmoe dropped his car off here, and drove the **** out of it. I can't do the swap myself, no experience with cars really. so I would say

1. work with a shop that you know and trust, and has a good rep.

2. never, ever, EVER send your **** away! they know you can't come by and check up on them. don't ever do buisness outside of *sskickin' distance.