SUE a performance shop and WIN?????

drusmith

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Not sure if this is the correct spot for this thread but here goes.

So I have been battling with this performance shop since March 2013. Here is the thread link of the abortion Hellion turbo kit install. http://www.svtperformance.com/forums/turbo-cobras-247/935022-my-turbo-build-2003-sonic-blue-vert-3.html#post13533859

I am trying to figure out if I have a good case against them after they told me to pick my car up from their shop because a rocker fell off and it was not their fault. LOL Unreal...... And that was the 2nd time they blew my engine.

Has anyone ever won a small claims or full on lawsuit against a performance shop? nay help would be appreciated.
 

AznStanger3v

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it's worth a shot. about 9 years ago while I was in college, I worked at a Mustang speed shop. I was 18 and thought this place was legit. Well, they were doing the same shit to people. The shop manager was stealing from customers and not doing any of the work promised. He would take their brand new parts and give them used parts from around the shop. I know people had talked about pursuing it in small claims but never went through with it since the shop went under.

moral of the story: DO IT.
 

SCBQQSTN

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Research local lawyers in your area, pick the best one, and go for it. There is no excuse for a shop to do that.
 

kevinatfms

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just read everything. that sucks, hope you get it figured out.
 
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ElscottHavoc

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Buddy of mine successfully sued a performances shop for similar negligence. They settled out if court - i guess thats successful, but hes prohibited from talking about the details of the case. I know shops like like to use the "its the nature of performance engines" excuse, but that only is true to a certain point.

There's absolutely no way a reputable shop to build an engine and then blow it up on a dyno. Their service is building high performance cars, and part of that is reliability. I personally think you have a strong case., especially since you never drove the car and they did the engine AND tuning.

Most tuners have the disclaimer because they don't know how a car has been driven, who built the engine, and yes things can happen at WOT...but this here is sick.

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spitin venom

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Just skimmed thru you other thread and all I can say is WOW! I would definitely take them to court if I were you. Sorry for your troubles but your car will be a beast when it is finally back together.
 

Camaro_94

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If they dropped the ball, go after them. You're paying them to do the work right.

I hate it when people build these 850hp cars on stock bottom ends/internals and put a huge shot of nitrous or a ton of boost then it blows up after a season and blame the shop because they were too ****ing cheap to do it right. At that point, it's not the shops fault.

However, that's not the case here. They failed to do their job properly and it's entirely their fault. There's no excuses for them.
 

ElscottHavoc

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I hate it when people build these 850hp cars on stock bottom ends/internals and put a huge shot of nitrous or a ton of boost then it blows up after a season and blame the shop because they were too ****ing cheap to do it right. At that point, it's not the shops fault.

I completely agree, but only if the shop was responsible enough to warn them. Obviously, not the case here, but a high performance shop shouldn't accept work they know is doomed to fail or likely so unless the owner has explicitly instructed to do so regardless.

The shop is supposed to be the expert, so if an owner doesn't know better then a shop should warn them and inform them. As a home owner, surely I can't be expected to know all the construction details when I hire a contractor to install a door, but I should expect the same level of reliability whether that door is a direct replacement or something above and beyond...even if its likely to receive a beating.

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drusmith

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it's worth a shot. about 9 years ago while I was in college, I worked at a Mustang speed shop. I was 18 and thought this place was legit. Well, they were doing the same shit to people. The shop manager was stealing from customers and not doing any of the work promised. He would take their brand new parts and give them used parts from around the shop. I know people had talked about pursuing it in small claims but never went through with it since the shop went under.

moral of the story: DO IT.

Thanks for the encouragement! I think I'm gonna pursue small claims.
 

drusmith

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it's worth a shot. about 9 years ago while I was in college, I worked at a Mustang speed shop. I was 18 and thought this place was legit. Well, they were doing the same shit to people. The shop manager was stealing from customers and not doing any of the work promised. He would take their brand new parts and give them used parts from around the shop. I know people had talked about pursuing it in small claims but never went through with it since the shop went under.

moral of the story: DO IT.

Just read your whole build thread... That sucks, man! Good luck!

Research local lawyers in your area, pick the best one, and go for it. There is no excuse for a shop to do that.

Yeah I did that! Not too many want to take on anything with performance car shops, I think none of the lawyers know cars enough
 

drusmith

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just read everything. that sucks, hope you get it figured out.

Buddy of mine successfully sued a performances shop for similar negligence. They settled out if court - i guess thats successful, but hes prohibited from talking about the details of the case. I know shops like like to use the "its the nature of performance engines" excuse, but that only is true to a certain point.

There's absolutely no way a reputable shop to build an engine and then blow it up on a dyno. Their service is building high performance cars, and part of that is reliability. I personally think you have a strong case., especially since you never drove the car and they did the engine AND tuning.

Most tuners have the disclaimer because they don't know how a car has been driven, who built the engine, and yes things can happen at WOT...but this here is sick.

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Just skimmed thru you other thread and all I can say is WOW! I would definitely take them to court if I were you. Sorry for your troubles but your car will be a beast when it is finally back together.

Judge Judy

Bahahahahhah right
 

drusmith

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If they dropped the ball, go after them. You're paying them to do the work right.

I hate it when people build these 850hp cars on stock bottom ends/internals and put a huge shot of nitrous or a ton of boost then it blows up after a season and blame the shop because they were too ****ing cheap to do it right. At that point, it's not the shops fault.

However, that's not the case here. They failed to do their job properly and it's entirely their fault. There's no excuses for them.

Yes!!! I agree! And my car dyno end 573whp. Seems low even thru the converter
 

ElscottHavoc

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Don't forget to include attorney fees and any other financial loss. Unless an attorney deems otherwise, I would try to find anything you can justify to get the amount up. You can't just tack on retainer fees etc when you reach the courtroom or any other loss for that matter unless its part of the original claim.

Gas money, trailer fees, the first rebuild cost, the second rebuild, dyno time, etc...if you have a legitimate claim to begin with, the worst that will happen is the judge will throwout some of the amounts.

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