Engine rebuild problems - advice needed

[jimj]

Paul, never mind a refund, they`ve trashed your engine. You should claim for the cost of a newly rebuilt engine, fitted and good to go + your time and trouble.
Jim

[512BB]

Jim,

You cannot claim for, what the insurance industry call 'betterment'. You can only claim for being put back in the same position as you were, before work started. You certainly cannot claim for someone else to build the engine.

HOWEVER, should the original engine builder have damaged the block, head, whatever, further than it was when you took it to them, then you can claim for that.

So Paul, make sure your expert also advises you on if all the parts that were mashed, will go again. If not, you can claim for those. For example, if he now says that the block is f..k.d, you can claim for a substitute block. Notice I did not say a NEW block, you could only claim for a block that is in the same condition as the block was in, when you first took it to him, prior to him working on it.

Leslie

[jimj]

Leslie, Paul has paid for a newly rebuilt engine and fitted it. There`s no betterment in getting what he paid for.
Jim

[rcraven]

Betterment is a concept confined to insurance claims on your own insurance and this is not an insurance claim. You're entitled to the reasonable cost of putting your engine in the condition in which it should have been. If in practice that reasonaby requires new parts then.that's how the cost is measured.

[512BB]

Jim Jim Jim,

The law is sometimes an ass. I can assure you, all he can claim for is his money back, plus for any further damage the original builder caused, which may include new parts.

He can also claim something for his time and expenses. I would put that at ?500 from what I have read, and that is what he should put in his letter to them, together with a copy of the report.

If they only give him his money back in full, I would sue for ?500, for stress, inconvenience and out of pocket expences. I have no doubt a judge would regard that as reasonable.

Leslie

[Johnfm]

You probably should consider 'investing' ?300 or so in a decent commercial litigator to draft a letter before action. If not, you can draft it yourself, but a good lawyer will ensure it is effective. Ian McCombie at Gordons LLP in Leeds is very, very good.

By the sound of it, this may go beyond the small claims threshold (though this is now ?10,000, rather than ?5,000). It would be much better for you to keep in in the small claims if you can.

In any event, you should first make sure that the engine builder you intend to pursue is worth suing - i.e., have they assets or a reputation to protect? It would be PERFECT if he is a sole trader - then you could assert a successful claim against him personally and, if necessary, take a legal charge on his house if he has a mortgage.

If he is a limited company and not much cash or reputation to uphold, they might cost you months of wasted time and ??? in fees etc and then just not pay you if you get judgment.

Assuming they are worth suing, you need to write a 'letter before action' (if you have not already done so) outlining clearly your complaint

you engaged them to undertake a full rebuild including chemical clean, new camshaft of X spec etc etc.

Upon return of the engine you discovered certain problems

Upon further concerns yuo commissioned an engineer to inspect the engine. The engineer found a number of problems including:

A.
b.
c.

They have an implied duty to you under SGSA 1982 Section 13 to provide their services "with reasonable care and skill".

They have fallen short of this standard and so breached their duty to you.

This breach of duty has has caused you a loss (the wasted costs of their work plus remedial work to repair the damage they caused).

You need to clearly articulate the remedy you are seeking.

A full refund of all your costs to them *(including an amount for any subsequent transport costs etc) PLUS

Additionall cost of ?X for the repair of the cracked inlet etc caused directly as a result of their negligent service.

Then in closing you need to give them a finite period (say 14 days) in order to pay you or explain why they think theyare not liable. Failing response or payment, you reserve your right to issue a claim for the full outstanding sums.

A line that ignoring this letter wil lead to legal action and may increase theri liability for costs to you.


What you cannot do is claim a full refund from them and also the costs of a rebuild by another company - that would be double claiming and 'unjust enrichment'.