Suing an engine builder, need advice ASAP
 

I had a 1986 330 merc in my 21' Donzi. It was getting tired so I looked to rebuild. Found a guy that had the parts, and through a discussion agreed to have him build 502. I was having medical issues so there was no urgency. A year later I put the engine, which had been bench run and first oil change completed into the Donzi. The engine is not stock, carbed and uses the 330 exhaust manifolds. After 10 hours it's started knocking at idle. really knocking at #5 cylinder. .The builder was involved from day one and was helpful trying to solve the issue. Pulled engine, and at builders shop, removed #5 and #7 pistons and found nothing. no metal in the oil, none in the filter. Put it back together, put it in the boat and still knocks. I suggested I bring the engine to him for a complete tear down, he said he's retired, and he had no obligation to help me anymore., Our last conversation ended with "it's not my problem" and he hung up on me.

I'm in Ontario Canada, Does anyone have any advice as to where I go from here? I don't know legally what i can do, there was no explicit warrantee, but I don't think it's unreasonable to expect more than 10 hours out of an engine, before it's the owners problem and not the shops...

Any advice would be helpful, post here, or PM me, Thanks,

Advise to cut your losses short. Going to cost $100K+ to suit and win and that's on the cheap side. If you do win the guy will file for bankruptcy before he ever pays you and then you can go para passu with the rest of the creditors that he will owe after he spends all his money on attorneys. In short, you'll pay out the a$$ for a judgment you won't be able to collect on. For what? A motor you can replace for less than $10K? Just go buy yourself another motor and get back on the water. Let the good lord sort out the rest.

You will spend a ton of cash, probably more than having the engine fixed to probably not get a settlement. Time to cut your losses and move on. Tough to get anyone with enough experience to deal with it from a legal side.

Since you are in Canada, I will start out by saying, I have no idea how your court systems work but I will give advise in accordance to it being in the states.

Look at a Small Claims action, in most states the limit is $5-10K. It is much less formal and SUBSTANTIALLY less expensive because it is designed to be Plaintiff vs Defendant, basically no Attorney needed. Cost to file will be around $100, service fees another $100. They will have a packet of how to file and the forms you will need to fill out. If your bill is more than that, just file up to the maximum amount, because you may never collect on him anyway. But by getting him in court, it will give you the satisfaction of doing something for a few hundred dollars.

First thing you will need to do is get his correct legal; name and the business. If it is a D/B/A, or Corporate filing. I would include him personally as well and make him file the appropriate papers if he wants to be removed (If it is a corporation)

The court will also ask for any documentation to attach to the Complaint. ie: Work orders, estimates etc.

Once the papers have been filed, they will have you serve them. Again, depending on state, this may be by mail or personal service. My personal opinion is ALWAYS get personal service, it is more expensive but un-refutable about getting the papers and makes a point when served. Then you file the affidavit/proof of service with the court.

When your Court date arrives, they will hear the case and rule. Have ALL your documentation with you including call logs, letters etc... Good Luck, its not hard, but tedious. Hell, he may work it out ahead if time to get your problem solved.

If you win, and and if you haven't worked out any arrangements, you will get a judgement, have it Transcribed. Then get back to us and I will explain how you can Garnish.... PS, I am not an Attorney, just worked my career in the collection side of the world. Good Luck!

Oh yea, watch a bunch of Law and Order re-runs before the hearing, it wont really help, but it will make you think you can do it!:ernaehrung004:

I figured I'd stay at a Holiday Inn express the night before too :)

Not worth the fight you best bet is to go on Judge Steve Havey or Judge Judy. Lots of us have been down this road and it very rarely end well

So...what, if anything, is actually wrong with the engine? With the limited info in the thread, I have to agree with the builder...you thought you had a problem, you brought it in, it was checked out and found to be okay (whether accurate or not), and you re-installed and went back out. Do you have any sort of affidavit or inspection report showing bearing sizes, clearances, etc?

“…..There was no explicit warrantee……..”

Sorry you didn’t get what you paid for, happens to all of us at some point. Put it down to experience and start shopping a replacement engine.

RR

Possibly a wrist pin ? Or piston slap in a loose bore ?
I have a 5.3 LS in my 2003 Chevy conversion van with 110 thousand on it that sounds like it’s going to blow every time you cold start it. A minute of warming it up and it quiets right down.

The 5.3 LS motors are famous for being piston slappers but they all run forever

Hows that going to go?
No warranty? the judge is going to send you packing real fast , you have no case .