HELP...Block and heads being held Hostage

Back in April, I decided to do an engine out on my 308, so I proceeded to take everything apart, and decided to also take the heads off the block and have both the heads and block machined, as they were not in the best of shape.

At that time, I found a local machine shop that said they would be able to heat the block and weld aluminum to any imperfections on the block, and then machine the decks for a perfectly flat surface. I ended up dropping off my 2 heads, the block, brand new intake and exhaust valves, new guides, seals, and springs. I was told at the time that everything should be ready within 4 to 6 weeks, and they couldn't quote me a price until they washed the heads and block and got a close look at them. At the 5 week mark, I called to see how things were going, as I hadn't received a an estimate nor a call. I was told they were extremely busy, but should be able to wash them and start the work the next week. This response was given every single week for the next 4 weeks, which has now brought us into mid June (2 full months sitting there doing nothing). At that time, I was told that they had washed the heads and block, and were soaking the head studs as they were having a hard time (understandable) removing them without damaging the studs. I told them not to worry, I would buy new studs if that will help make their job easier, and help progress the work. A week later I bought the studs, and dropped them off. I got the same story, that they were still soaking the studs (now for 2 weeks) and cannot give an ETA as they don't know how long it will take to take them out, and also couldn't give me any indication of how much the machining would cost. At that point I called the next week to see how things were going, and I was told to stop bothering them, and they would call me when they are done.

I have kept quiet since then, and got a call today telling me that the heads will be ready next week and I can pick them up, but the block will take another week or two. I then asked how much, and almost fell off the chair when he said that he isn't sure, but if I dropped off a DEPOSIT of $5,000, he would release the heads to me, and then he will let me know what the balance is when the block is complete.

First of all, I don't know what the average hourly rate is for the machine shop, but all they did was clean the block, and let it soak for the studs to come out, then they machined the heads. How could this be in excess of $5,000????? And I will owe more once they complete the block.

I don't know what to do at this point. Do I pay him the money, do I call the Better Business Bureau, or do I sue him? In the latter two, I am concerned that he may further damage the block and heads while they are in their possession during the dispute.

Do I have anything that I can do at this time? I would like to actually show up and pick up what he has done so far and bring it to another shop, but that will cost me at minimum $5,000.

Any guidance or advice would be greatly appreciated.

 

Those pieces/parts are YOUR PROPERTY. I would march down to that shop and demand to inspect your property immediately, as well as account for what, exactly, $5,000 in labor charges were assessed. If you are not satisfied, for any reason, with the answers you receive then remove your property from the facility immediately. Call the police if you have to. Account for every screw, nut, bolt, and washer. BTW, a new set of 308 heads retails for $7,000 from Ted Rutlands. You are being raped by this shop.

 

+1 and take a lawyer with you

 

Legally (I do not know I am not a lawyer) I do not see how without written proof of acceptance that you consented to the work.
You tried to get an estimate (before work commenced)

If you never signed acceptance to the price- I do not understand how they would proceed on faith on a 5k plus job...


I would think you could post a bond of amount in dispute, get your parts back & start the lawsuit.

They will really have a hard time explaining why your parts were x-thousands & the chevy parts were only hundreds...

My 2 cents..

Sucks

 

+1

Are they attempting to apply the Ferrari tax?

 

The first thing you need to do is get all your stuff back. They probably will not do that without getting paid, in full, what they have decided you owe. Having a lawyer with you will not change that.

Pay the money, get the stuff back and persue your legal remidies later, BUT GET THE STUFF BACK.


I don't know about Canada but here in the US it will cost more to persue it legally than the money you are so far talking about.

 

No, it sounds far more like they are in over their head, having a tough time with the job and are charging every hour for their learning process. Happens every day when people think they can just do these like a Honda motor.

Getting the studs out for instance. It can turn into a real nightmare unless you have been down that road. How many hours did they spend trying to get out a couple of hundred worth of studs without hurting them? Dumb....Really dumb.


Once again, deal with people well known for dealing with these cars.

 

Sorry to hear the troubles and hope it works out.

But . . . you dropped all that stuff off, to do that work, with NO written estimate, or even oral estimate?

 

How about asking them for an itemization of the parts/labor incurred so far?

That seems like a fair request. You seem like you would be in a better position if you could at least pin them down on what they claim you owe them thus far, in writing and itemized.

 

I feel for your pain as I had a similar issue when I dropped off my car for a full major without a detail invoice of what should/would be done. Wounded up being a he said/she said type of problem and it always winds up being more than he said/she said. Nobody remember when the car was dropped off and what parts/service should have been done four weeks later. I've always found that the time that they give to be optimism, at best.

Lesson learned for me: get an invoice and date of completion in writing from anyone doing any type of work. The lawyers and the court system would love you, if you did. Otherwise....he said/ she said and it's your words vs theirs.

Ace

 

Wow,

I would work with them to reasonably pay for the work done (noting that you never had received estimates and/or gave approval), get your stuff back and take it someplace else. These are not Honda heads, but they are not rocket science. The people who have dealt with stuck studs know how to get them out, and have the right equipment to do so. Flatten the decks is done all the time with engines and can be done in a day.

Go some place else.

 

Agreed.

Still really sucks though

 

Get your parts out of there and take them to someone that knows what they are doing and has Ferrari experience. I would not be surprised if this shop did more harm than good with your stuff.

 

Wrong!

Raped or not the machine shop has a mechanics lien on those items and any attempt to remove them w/o payment is larceny!

Be very careful what you do and try, despite the robbery attempt, to handle it as calmly as is possible to preserve all your rights at law.

Do what you have to to gain lawful possession of your property and then seek your remedies at law.

 

That is why I suggested posting a bond in dispute amount. You file a bond around their lien....

 

First thing, gather up all the relevant documentation, and talk to a lawyer. Here in the Detroit area, you can usually have a 1/2 hr discussion free, or at a low fee. Get legal advice from a lawyer, not us, and get it now!

 

Take them to Rocco Solmito at Rock's Auto Restorations. He is an expert, tells the truth, specialises in F-cars of the era. But get yr parts our of these guys hands. Second thought: talk to Rocco; with his contacts it may be cheaper to abandon the parts and start fresh. Bottom line: The dealer F's come to Rocco as soon as they are off warranty. Usual denials: a friend and a satisfied customer.

WPG

 

The bond will not negate the lien. Even if there is a provisional release the lien will still be in effect despite a bond unless the lien holder agress to a release by accepting the bond.

That's an iffy thing for a lien holder to do, however, cause he could be buried in legal expenses to perfect his rights!

 

You might want to post this in the Canada section for some additional traction. Pun intended.

 

You think he'd get ahead that way?

 

Did you sign a repair authorization? Depending on the state / country it is the shop obligation to supply you with a written estimate of repairs or approx. cost prior to proceeding. If you sign no authorization or received no estimate you should be able to go to the shop with the sheriffs office and take possession of your property. Laws in all the states are different.. Thats how we roll here is Jersey and N.Y. Good luck and keep your cool. The last thing you need is stuff disappearing.

R

 

Peter,

Makes you sick, my response would be to ask them how the hell they can justify those costs.

I rebuilt my motor earlier this year due to a valve/piston failure.

After asking around I used a local machinist that came recommended by a local mechanic that prepared race/rally engines.

I also trusted this machinist and did not ask for an estimate but at each stage of the job he gave me some guidance to the costs.

The job did take some time, as he pointed out my job was a toy not someones commercial vehicle or family transport.

I've attached the invoices, all in Aussie Dollars, maybe you can use these as ammunition.

I had the block cleaned and all of the head studs removed, one was destroyed on removal, heads reconditioned with 1 new inlet valve, 8 new exhaust valves, 1 new exhaust guide, 1 new exhaust valve seat, welding to the head where the valve dug in, new small end bushed fitted to the conrods, hone of liners.......
Very happy with the results.

Total Cost $1200.00 AU excluding valves, seals and orings.
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Peter, you're in some trouble there unfortunately.

Getting your stuff back is some good advice, however, you can't go down there and breach the peace in so doing, you'll end up with the cops being called on you instead! All you can really do is ask for your stuff back. Of course, the shop will say they now have a lien on the property and won't release it until the bill is paid in full. Undoubtedly, the bill is going to be substantial.

You leaving your parts there is governed by the laws of bailment. Believe me, the shop has some rights here. For example they have at least a right to a reasonable amount of money for the work done even if you didn't agree upon a price up front.

I hate to say it but you're not in a strong position here, either legally or from a leverage standpoint. You're better off keeping your cool - just try to be personable and encouraging of a compromise outcome. You're likely going to have to spend more than you should just to get your parts back. Once you have your parts back then you can file a lawsuit or small claims action or something if you're so inclined. If you decide to litigate prior to getting your parts back, well, who knows what might happen to the parts.....

Sorry I can't give you more encouraging words.

 

I think Robbie is on the right track. In Michigan a shop is required to provide you with a written estimate before beginning work. The shop can get into real trouble if they don't and there is a dispute. I would contact someone who knows the legal issues in your area and follow their advise.

George

 

Peter:

It looks like these guys are crooks. The law where you are (Canada) provides that they can't collect for repairs unless there is a written estimate.

http://www.ontario.ca/en/information_bundle/autobody/053126

Art