Around the end of November '06, I took my '69 F-100 to a local body shop that does restorations. I told the guy I wanted the interior painted. When he asked how good of a job I wanted, I told him I wanted it to be "showplace". He told me he would do it for $1,000 and wanted half up front. So I gave him $500 and said I would like to have it back before Christmas. On Dec 27th he told me he needed more money because we put floor pans in it. (I bought and paid for the pans) So, I gave him the other $500. A couple of weeks ago I told him I wanted my truck no later than the first weekend in March. "No Problem" he tells me. So when I went to his shop last Thursday, the truck is sitting in the same spot, no paint. He apologized and said he had been busy with other work. (I feel sure it's "other work" he hasn't been paid for yet) So my question is, how would you guys proceed from here? My wife works for an uptown Dallas Law firm that deals in oil, gas, IP, not a bunch of ambulance chasers. Shoud I have one of the attorneys send him a letter? And if so, what should the letter say? Sorry for the long post, just getting madder by the day.

 

I would go to him and tell him that he had until "___" to have it fixed or you will take him to small claims court and settle it there. That should get him moving, if not, then have the lawyer send him a letter stating you plan to sue for your time and compensation. That should take care of it.

 

I'd do everything I could to work it out with the shop before considering a law suit.... You would have to prove fraud, and if he's done any work at all that's going to be tough to prove. A letter from an attorney might scare him, or he might just push your truck out in the alley and tell you to come get it. Then he would right up an invoice for "additional labor" and slap a mechanics lein on your truck and present it all to you in small claims court. In the end, you would probably win. But is all the expense and the hassle really worth it???? I'm not taking the guy's side, just letting you know what could happen..... Unless the guy is an out and out theif, you should be able to work your way through it. If he's a theif, then file charges and have him arrested. Unfortunately, there's no law against being slow or being busy......

 

BO-FE, IMHO it's kind of the industry standard. These vehicles usually have a lot of work to do to them, and insurance jobs will get put ahead. Bad thing is, bodyshop row aint out begging for work. My guess is catch him in the morning before he gets all busy and try to talk to him.

I doubt threating him will get you any thing.

John

 

Thanks guys for the replies. When I left the other day I just told him I didn't believe anything he said and to just call me when it's done. If I haven't heard from him by this Friday, I guess I'll have to have a little come to jesus meeting with him.

 

BlueOvalFE,

Get a firm date commitment from him in writing when you talk to him next.

Put that together with your records of payment to him, and your version of a calendar you proposed originally [ie: 1st By Christmas, then 2nd, the 1st weekend in March '07, along with verbal dates / agreed dates you allege he has given or agreed to with you.

If he fails to perform within new, written, deadline, HE PROVIDES you as his written date, then take him to court and claim $XX a day loss for failure to perform as agreed to by him.

But as guys above already have said, DO NOT PUSH or THREATEN him because 100:1 he'll come back to bite you. You have nothing right now, he has your truck, your $$$, your trust and your hopes. . . . what do you have?

But if you do it like I suggest, You will have a written date, Receipts for your payment, A copy of original estimate, the amount of which you have already paid into the deal. All these will prove your case in point and give you grounds for resolution if he fails to meet his own date. It also can help prove he failed to meet previous deadline dates. In civil Matters it's all about the preponderence & continuity of evidence. Whoever has the most complete set of these will win the claim in civil court.

FBp

 

Good advice, Pete. I am going to start writing all this stuff down just in case it ends up in some legal battle.

 

Re-reading through this again today, one of my early lessons in life rings true. Never, ever, ever, ever, ever pay 100% for a job that hasn't been completed yet. I have never heard a story where a guy was completely paid before the job was completed and then completed the job correctly, timely, and in a manner worth bragging about. Whether it's home construction, body work, mechanics, or gardeners the lessons rings true for all of the above.

 

I agree completely about paying in advance. I can understand a guy wanting a down payment but I was pretty dumb to cough up the whole amount. However, when I gave him the second payment, I thought we were pretty close to having it done. Little did I know.
At any rate, the guy called me this afternoon and told me he was done but there were a couple of "issues". Namely, he cracked the windshield putting it back in. He has graciously offered to pay for a new one. I called a friend in the glass business and he can get me a PP&G or a Carlite for $125. The other "issue" is the back glass. It was some kind of aftermarket sliding glass that was really just hacked in there. So I will gladly pay for an original back glass myself. Looks like we are making some progress.

 

Glad to hear you're moving on your project. As far as paying it all up front, I also would advise NOT to do that again. All you have are unfullfilled promises. Can't bank them.

I can see good faith or earnest money to bind a deal. But more importantly, I'd worry about a shop that can't carry itself, including materials, supplies, Payroll, insurance & utilities, for work it takes in. I mean if I didn't have enough credit with my Jobbers & suppliers, Utility Co's, the Insurance folks, plus pay my guys regularily, I wouldn't have had the quality clientele I had. Hand to Mouth operations scare me.

For example, suppose a shop is lax on their Insurance & burns down while my "toy" is in it for work. Then What? I can't sue a guy that has nothing. . . . ya know?

Also with a hand to mouth operation what's there to keep the guy coming to work if I already payed him what he was gonna earn? I may be old fashioned, but I protect myself wherever I can.

The Automotive Industry, especially the Special Interest part of it, is loaded with poor performers & dead beats that stick people for a living. We all hear stories but after the fact. If I have to lay out the money for my Job ahead of time, what do I need the guy I take it to for? I'd do it myself. If I couldn't do it myself I'd use a shop who is happy with earnest money of about 15%-25% of the agreed price. Then Pay In Full on Completion, or that's how I ran my shop. . . . I did alright there.

Anyway keep us advised & let us know how you like the Job.

FBp

 

I went to the shop and looked at the truck. The paint job is good and the color turned out great. I am a little disappointed in that he didn't paint the gas tank, even after he had it out of the truck. I'm just wanting to get my truck back and start installing all these parts I have taking up garage space

 

Go by a U-Pull It yard & get yourself a piece of carpeting late models like 80s Grand Marquis or Lincoln Town cars use in their trunks. Cut it to fit & cover your Fuel Tank.
That "softens" up the interior sounds & look.
FBp

 

We want pics!

 

That is a great idea! I can cover the gas tank while I have the seat being re-upholstered. Look for pics in the coming week.

 

sorry you had to deal with that, glad you got it done, but that is one BIG reason i do all my own work
Maybe mine isnt a $1,000 paint job but it looks good enough for me.
http://www.putfile.com/pic.php?img=3490683
I need a dash pad tho