ripped off

[rdk]

May 3 of last year I dropped off an engine to be rebuilt, due to other obligations I was'nt able to get it running until April 1 of this year, the engine was in heated storage and turned over at least. every two weeks. When I started it up it overheated within ten min. and I found bubbles in the oil puddle around one of the head bolts, I immediatly called the builder and was told to bring it in, since then repeated calls have gotten not one response. I am sick of waiting for this di** head and I am ready to take it to a shop I heard of through this forum. My question is, do I have the right to do this and still have legal recourse against this individual, and can I legally say the name of the shop. P.S.I have all my paperwork,and pictures that show work that was paid for was never done, and the engine has a 3 year warranty

[Jack Peters]

Did you take it back to the original shop?? Have you taken it apart?? Do not take it apart and take it back. Document with pictures the problems you had. If you do anything to the engine they probably will not honor any warrenty. When did you get it back?? You do need to do due diligence on your part. That means give them an opportunity (not just calling) to make it right. It probably will be some time till you see it again though. Not fun but if they will make it right you are out time. Better than time and more $$$.

[rdk]

I called him on the first of April, and numerous times since then but have gotten nothing but his answering machine, no return phone calls, and when I stop by his shop he's never there, I think I've given him ample opportunity to rectify the situation. I guess I don't know what else i can do? thank you for the advice

[Doug Christie]

When you say "over heating" it could mean that you didn't purge all the air out of the system properly and when that happens you get a gusher of hot water come out of the rad when you open it. Oil bubbles around one of the head bolts? Could it be that the oil is "boiling"? Take the engine back to the guy like he said you could do. If he doesn't make it good, then you can complain.

[JSAauto]

1st question. Why was there an "oil puddle" around one of the head bolts in the 1st place? Is a valve cover leaking? Who sealed the motor?

2nd.. where do you live. Law are different from state to state, so I can only comment on California's laws.

3rd... are you sure that the thermostat isn't stuck closed or the water pump impeller has dislodged or has massive excess clearance between the WP separator plate and the pump itself?

In Cali... if someone didn't return my phone calls for 10days, especially after leaving messages, I would go to pick up the engine. When you are there (I'm sure since he hasn't been there all these times, he won't be again) I'm sure he has employees that will call the guy and get him on the phone for you. If they don't, then let them know you're taking it somewhere else and will have to sue for the proper repairs.

(lets hope it doesn't need to get to this stage.)

That should put a crick in his neck when he realizes you picked up the motor and you're pissed. If he calls/offers to take care of it, set some time frames and what you expect in a certain amount of time.... especially considering the guy got paid to do it right the 1st time.

If he is still a putts.... then take it elsewhere and have them fix it properly. Get a reciept that shows how much you paid to fix it and sue him in small claims court. In business... you do not need to give the shop the benefit of trying to fix the problem 1st. There is no legal basis for this. You were damaged, the damages costed a certain price to fix, you sue for those damages and it's up to the judge from there. It is in your ball court if "you" deciede you want to give him a chance to take care of the problem before it becomes a legal issue.