Restoration lawyers/resto Contract advice needed - NCRS Discussion Boards

Restoration lawyers/resto Contract advice needed

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  • Tony DiGiorgio

    Restoration lawyers/resto Contract advice needed

  • Jack H.
    Extremely Frequent Poster
    • April 1, 1990
    • 9906

    #2
    Slippery slope....

    (1) You've already entered a 'contract' based on verbal

    understanding(s) that may be mutually disputed. (2) Trying to inject a contract at this point in time may

    be a fool's errand. Remember, he has your car, it's in

    pieces, you most likely did NOT take a full/complete

    survey/inventory to know what you had part by part on

    the going in side, and he's perfected a mechanic's lien.... (3) Unless the shop has SUBSTANTIAL factory concours resto

    experience AND in your model year and specific configuration

    environment, you CAN expect delays and iterative work (do

    it, judge it, re-do it, re-judge it....). (4) Making an 'iron clad' contract, even with a pro resto

    shop is tricky. Consider:

    (a) What is the definition of 'correct' to fulfill the

    contract? Top Flight? What score? Where? When?

    With or without milage driven credit? See the can

    of worms that begins to open?

    (b) What are the 'penalties' for breach of contract?

    Time to completion, 'substantial' completion or full

    completion? Liquidated damages -- based on what

    skeleton of 'damages' that would hold up under jury

    scrutiny -- heck, you're dealing with a high end

    classic sports car toy that few ordinary jurors will

    find sympathy with on either side (yours or his)....

    My best advice is to MAKE the relationship you started work. OR, pull the car in its current shape and shop the job fresh at another shop with what you've got and where it's at....

    Comment

    • Loren L.
      Extremely Frequent Poster
      • April 30, 1976
      • 4104

      #3
      Re: Restoration lawyers/resto Contract advice need

      You've just passed into a dream world. You've ALREADY had problems and NOW you want a contract that covers EVERYTHING? Mask off the frame, remount the body, pay your bill and move the car out of there - UNLESS you and the shop owner can agree on what the next step is and what it will cost; followed by a by what is the next step after that and what it will cost, etc. THESE things you can do in writing with some degree of accuracy.

      Comment

      • George Daina

        #4
        Tony, Black Jack speaks da truth...

        an in essence, the guy has you by your short hairs. Switching shops at this juncture would be counter productive, not to mention the added expense, and parts, that all of a sudden have disappeared.

        Best bet is to kiss and make up and hope the vette gets completed in a reasonable time frame.

        A ploy you could use, but I dout if it would work, would be to volunteer your labor to help speed up the process. You could do the grunt work, such as sanding, priming, media blasting, etc. I doubt the guy's insurance would cover any accidental claims, but its worth a shot and would show the guy you're willing and able to pitch in.

        Comment

        • Patrick H.
          Beyond Control Poster
          • December 1, 1989
          • 11608

          #5
          Restoration advice needed

          Tony,

          I agree with Jack and Loren, but one additional question that came to mind: Are you not liking the amount of TIME he is taking, the MONEY you are spending, or the QUALITY of the work you see being done? Each of these would vary the picture significantly.

          If it is the time, I know of "restoration" shops that take months and others that take years, all for the same relative quality. In addition, if they don't usually do Corvettes, the first one WILL take longer. I have a friend here in town having his Model A restored by a well known firm (if you're into antique cars) and it will be 5 years before it will be done! And think of how many fewer parts they have!

          If it is the money, then you can decide if he is wasting it for you, or you didn't anticipate the big dollars (cost of restoration = (end value)2).

          If it is quality, then I doubt you'll change his attention to detail or level of concern, and you should move the car.

          Good Luck,

          Patrick Hulst
          Vice-Chairman (West), Michigan Chapter NCRS
          71 "deer modified" coupe
          72 5-Star Bowtie / Duntov coupe. https://www.flickr.com/photos/124695...57649252735124
          2008 coupe
          Available stickers: Engine suffix code, exhaust tips & mufflers, shocks, AIR diverter valve broadcast code.

          Comment

          • Jerry Clark

            #6
            Re: Tony, Black Jack speaks da truth...

            From my experience George has the right idea, make nice nice or you are going to get the short end, you might anyway but you may get something out of it, other than a vastly depleted checkbook.

            Good Luck

            jerry

            Comment

            • Bob Lanham #32271

              #7
              How will you get the guy to sign a contract?

              Signing a contract at this point will be counter to his interests. He has the car and, if you made a deposit or have been paying regular bills, he has the money. He is in a virual no lose situation. I would think you would be wasting more of your money to hire an attorney to draw up a contract that the shop owner is not going to sign if it puts any burden on him. You might just consult an attorney to verify your position. The other big consideration that has all ready been brought up is that he may just decide to shove it to you if you make him mad. He could do ALL KINDS of nasty things to your car that wouldn't show up til later. Go in and have a talk with the guy and tell him a bunch of stuff about how great you thought his work is and how you trusted him, but you're getting really anxious to get your car.

              Good luck, hope it works out for you.

              Comment

              • Greg Madden

                #8
                Re: Restoration lawyers/resto Contract advice need

                Once you turn your car over to someone for repair or restoration, it's in your interest to make them your Best Buddy! If you drop by their shop, take a 12 pack of whatever they like to drink, and some chips & salsa. Don't forget a little something on holidays or their birthday. Works wonders. Pays for itself 10x over. Makes the process (and the delays) much more tolerable & enjoyable.

                Regards,

                - Greg

                Comment

                • Bill Braun

                  #9
                  Re: Restoration lawyers/resto Contract advice need

                  Greg,

                  I think your approach makes the most sense. If a restorer is working for someone he sees as an OK guy, and the owner makes it clear that he will spread the word about the restorer's good work among his friends, it's a no-brainer. At the same time, an owner has to make PERFECTLY CLEAR what he wants done and what he is willing to pay. After all, if an owner is seen as a smiling bottomless wallet (and restorers aren't the only ones to take advantage), it's a rare 'businessman' who won't take advantage. From what I read, the situation is probably already beyond rescue. The restorer is never going to sign a contract at this stage. I would recommend that the owner sit down with the restorer and together set out a schedule of things to do, a reasonable time line, a list of costs and see how it goes from there. If the restorer doesn't realise that this is his last chance to get back his customer's confidence, and if the customer doesn't realise it's his last chance to get his car back intact, well, this is where the damn lawyers make their money and drive everybody's insurance rates up.

                  Bill Braun 33186

                  Comment

                  • Bill W.
                    Extremely Frequent Poster
                    • March 1, 1980
                    • 2000

                    #10
                    Re: Restoration lawyers/resto Contract advice need

                    If your happy with the work and the money so far live with the time.If you want it "real bad" thats how youll get it.

                    Comment

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