Mechanic Issue v. Beatingdeadhorse

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  • JCarp90
    E30 Mastermind
    • Feb 2011
    • 1759

    #1

    Mechanic Issue v. Beatingdeadhorse

    So, if you haven't seen this thread: http://www.r3vlimited.com/board/showthread.php?t=204068

    It's basically about a mechanic that I took my car to in order to replace my broken rocker arm or all of my rocker arms, however you want to put it. Whilst removing the rocker shaft, a chunk of my cylinder head mysteriously broke off. The end of the rocker shaft is fucked up as well and he told me he used a punch in order to move the shaft but it's seized up. Keep in mind they pulled the cylinder head off of my running car just an hour before this.

    Is this the responsibility of the shop to replace my cylinder head or is it right for them to call me and tell me that I need to buy a new one?

    Doesn't this also kind of fall under the law that if your car is in a shop's possession and it gets hailed on or broken into or whatever that it's their responsibility to fix it? This is what I heard to be true. I'm not saying this happened, just a question.

    Any help or insight would greatly help. I've been without my car now for over 2 months and am at a loss for what to do. I don't feel like I can trust this shop anymore but they still have my car.
  • KennyT
    E30 Addict
    • Aug 2010
    • 542

    #2
    Call a lawyer.

    Comment

    • AndrewBird
      The Mad Scientist
      • Oct 2003
      • 11892

      #3
      Shop is responsible for replacing it. They broke it, not you.

      Comment

      • JCarp90
        E30 Mastermind
        • Feb 2011
        • 1759

        #4
        Originally posted by NitroRustlerDriver
        Shop is responsible for replacing it. They broke it, not you.
        Their argument is that because it's so old, the metal is brittle and it will crack and break. They refuse to replace it.

        Comment

        • StereoInstaller1
          GAS
          • Jul 2004
          • 22679

          #5
          Ask them what they want you to do and tell us their side, please.

          I bet you end up towing it home after paying for some labor. Small claims generally finds for the shop, so if you threaten court, be prepared.

          Closing SOON!
          "LAST CHANCE FOR G.A.S." DEAL IS ON NOW

          Luke AT germanaudiospecialties DOT com or text 425-761-6450, or for quickest answers, call me at the shop 360-669-0398

          Thanks for 10 years of fun!

          Comment

          • JCarp90
            E30 Mastermind
            • Feb 2011
            • 1759

            #6
            Originally posted by StereoInstaller1
            Ask them what they want you to do and tell us their side, please.

            I bet you end up towing it home after paying for some labor. Small claims generally finds for the shop, so if you threaten court, be prepared.
            They want me to pay them to fix it. They said that given my past relationship with the shop they would pay for half of a cylinder head but after that, I have to pay for 10 hours of labor which is $750 on top of the original estimate. Which, by the way, was only $500 to replace the rocker arm that I snapped. I was providing all of the parts and they gave me a discount because I've been friends with the mechanic for years and I've brought a ton of business to this shop.

            Comment

            • StereoInstaller1
              GAS
              • Jul 2004
              • 22679

              #7
              What the hell is 10 hours? A head swap with complete rebuild should not be 10 hours on an M20. See if one of the pro writers can look it up.

              Closing SOON!
              "LAST CHANCE FOR G.A.S." DEAL IS ON NOW

              Luke AT germanaudiospecialties DOT com or text 425-761-6450, or for quickest answers, call me at the shop 360-669-0398

              Thanks for 10 years of fun!

              Comment

              • KenC
                King of Kegstands
                • Oct 2003
                • 14396

                #8
                Don't take the car off of their property. His ineptitude isn't your problem. They owe you a new head. Tell them you're seeking legal representation and suggest that they contact their insurer.
                Originally posted by Gruelius
                and i do not know what bugg brakes are.

                Comment

                • StereoInstaller1
                  GAS
                  • Jul 2004
                  • 22679

                  #9
                  Ken, the truth is he hasn't a leg to stand on.

                  Judges typically see the businesses' side in stuff like this.

                  It is a 20 year old car "just waiting to break" in the tech's hands.

                  I will agree to not take it out of their possession until the dust settles.

                  Closing SOON!
                  "LAST CHANCE FOR G.A.S." DEAL IS ON NOW

                  Luke AT germanaudiospecialties DOT com or text 425-761-6450, or for quickest answers, call me at the shop 360-669-0398

                  Thanks for 10 years of fun!

                  Comment

                  • Mullet Bullet
                    E30 Modder
                    • May 2011
                    • 904

                    #10
                    Actually I looked up the time in Mitchell for a head r&r for a u2 and it's 9.5 hours plus time got the cooling system d&r so that's not out of line really.


                    But the fact that yes you took them a running car that is now fucked, it happens but the same thing could have happened to you if you did it yours self at home and you would be in the same boat sourcing a new head. It sucks yes, but stuff happens be happy they are willing to cover part of the cost


                    Originally posted by nwvb bmw
                    That guy is going to lock you in his basement and make you ware a little pirate costume.

                    Comment

                    • jlevie
                      R3V OG
                      • Nov 2006
                      • 13530

                      #11
                      I'm going to take the middle ground on this one.

                      It is almost always necessary to drive out the rocker shafts on an M20 head. If the tech used the right size driver the rocker shaft support would not break off unless there was a pre-existing crack. In the absence of pre-existing damage, it is really quite difficult to break a rocker support. So I'm going to chalk this one up to a pre-existing problem. And in many cases, unless you use a custom made driver, removal of the rocker shafts means that the shafts will have to be replaced.

                      I'd say that the right thing to do is that you an the shop split the costs.
                      The car makes it possible, but the driver makes it happen.
                      Jim Levie, Huntsville, AL

                      Comment

                      • nando
                        Moderator
                        • Nov 2003
                        • 34827

                        #12
                        Originally posted by JCarp90
                        They want me to pay them to fix it. They said that given my past relationship with the shop they would pay for half of a cylinder head but after that, I have to pay for 10 hours of labor which is $750 on top of the original estimate. Which, by the way, was only $500 to replace the rocker arm that I snapped. I was providing all of the parts and they gave me a discount because I've been friends with the mechanic for years and I've brought a ton of business to this shop.
                        that's not a bad deal. you can get a brand new spanish cast head (AMC) for not so much money. And then you'll have a new head.

                        the labor part could suck though.
                        Build thread

                        Bimmerlabs

                        Comment

                        • JCarp90
                          E30 Mastermind
                          • Feb 2011
                          • 1759

                          #13
                          Originally posted by Mullet Bullet
                          Actually I looked up the time in Mitchell for a head r&r for a u2 and it's 9.5 hours plus time got the cooling system d&r so that's not out of line really.


                          But the fact that yes you took them a running car that is now fucked, it happens but the same thing could have happened to you if you did it yours self at home and you would be in the same boat sourcing a new head. It sucks yes, but stuff happens be happy they are willing to cover part of the cost
                          If I did it myself at home, I would just replace it with no questions. I would be upset but I would see it as my mistake. When I didn't do it, I don't see how it's my mistake.

                          Originally posted by jlevie
                          I'm going to take the middle ground on this one.

                          It is almost always necessary to drive out the rocker shafts on an M20 head. If the tech used the right size driver the rocker shaft support would not break off unless there was a pre-existing crack. In the absence of pre-existing damage, it is really quite difficult to break a rocker support. So I'm going to chalk this one up to a pre-existing problem. And in many cases, unless you use a custom made driver, removal of the rocker shafts means that the shafts will have to be replaced.

                          I'd say that the right thing to do is that you an the shop split the costs.
                          I would even be fine with splitting the cost of the cylinder head BUT I'm not going to pay another $750 for labor for them to replace the cylinder head they broke. They're just screwing me over by doing that.

                          Comment

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