On june 02 I gave a builder $3500.00 to start on a new engine for my 65.
He said it would be 30 days to completion.
On 07/28 I confronted him and he then told me that the block he was going to use was cracked and I would need to pay extra for a new block.
I told him that was not part of our agreement and that I wanted a full refund because of his breach of the agreement.
The next day he called and pleaded with me to give him another opportunity and he would pay for the block. We agreed that he had to have it no later than 08/15, as of today he still does not have a block.

BTW, he refused last time to give my money back, he said I could have the parts he bought, I said no way.

According to law he has violated our agreement, so my question is, do I get my money or will I have to settle for the parts he bought, I have no problem taking this guy to court.....this is the second time this year I have been screwed over by a builder, and this guy is local.

I am so ****ed it isn't funny.

Any information or advice is appreciated.

1st off, I'm sorry to say to say you made a huge mistake by paying him that much mula right off the bat. Too late now.

If he's an 'ENGINE BUILDER' and can't find a block in two and half months, he's one sorry a$$ builder.

I would calmly talk to him, and send a registered letter with the same context, to inform him he has one week to get a block and start building. Give him three weeks to complete. You don't want to rush him.

CC an attorney's name on the letter. Pick a scary one.

If he dosen't follow through, calmly ask for your money back. If doesn't comply, you have no choice but to pursue this legally.

Prepare yourself and get as much in writing as possible. In your letter, include a self addressed enevelope containing your aggreement and a place for him to sign.

Good Luck.

Carl, I dont know the legal aspects of this, but if it were me, I would go for a full refund of all your money, and no more bargaining. The problem is, at this point, he probably doesnt have any of your money, just some parts. Not your problem, I know.. But even if it does end up in court, you cant get blood from a stone as they say. Do you know anything about this guy's finances? Maybe if he hesitates on the refund, and you mention that it will definitely go to court, it might move him a little to refund your money. I just have a feeling that he doesnt have it. Ya know, there are WAY too many horror stories out there just like this. Good luck, keep us posted on how this goes. John

Well, I know he has a flow bench and a 901 superflow dyno.
He also owns a bantam a roadster and does some big racers engines. I think that is why I don't have my engine yet, he keeps bumping the little guy to do the major money stuff.

The really bad part is I just got my money back from the last builder in Phoenix that screwed me, and cost $1,000.00 in atty fees.

I am going backwards on this and am about at my wits end.
Thank you for the advice and good words.

If he is a legitiment business go to the States Attnys. office. They will have record if he has had bad business practices in the past. Also Inform him this is what you intend to do. Include that you will also report him to the Better Business Bureau. Big Question is did he write up a contract or anything that shows what the deal was? Also was he paid with cash or check, And did you recieve a recipt?

I don't think I would ever pay anyone in advance in the first place but that's beside the point.
You should get your money back and go elswhere because you probably can't trust him to do a good job now anyway.

If you have some sort of receipt or contract from him, your first call should be to the States' Attourney Generals office. It may take them a couple of weeks to get back to you, but they will. Alot cheaper than an attourney.

Carl,
Wish I could find some customers like you :) I rarely ask for anything down unless I have a bad feeling about the customer. If I am going to have to buy some high dollar parts that are special order and not returnable, I will get enough to cover that. The warehouse I buy from will let me return anything as long as its in resellable condition.

That being said ... do you have a written contract with him stating what you are getting for what price ? If not, you might have a hard time in court.

If you feel good about the final product that you will get, why not let him try to finish it up. If you get a refund and start from scratch, it will probably take you even longer anyway.

As far as bumping you for the other guys, he will probably actually make more on your engine than on the racers.

If you dont mind me asking, just curious what you were getting for $3500 ? Big Block or Small ? Details ? Just curious.

get your money back, send an order to Waldorf, MD....... pick it up at the trucking terminal.

seriously, go to one of the reputable guys on this forum and have them build you an engine, get a crate engine, something, anything other than using guys that want to p i s s away YOUR money....... can't find a block after almost 3 weeks or can't find a block cheap enough?

can't find a block after almost 3 weeks or can't find a block cheap enough?

Thats why I was curious as to what he was getting for $3500. Cant be too much profit involved and having to find a block might turn it into a loss :( Cant think of very many performance engines that can be built for that price.

3500 was dowm on a 406.
It was supposed to be 475hp and 500+ tq.
He has a brodix top end kit, ik2oo's manifold valav covers.
erson custom grind cam, srp pistons etc.

After two months i asked why it wasnt done and he says the block was cracked.
Now he cant find a 509 casting, and i am afraid he will build it to grenade and refuses to warranty his work, he says as soon as it comes off the dyno its my worry.

Not a good way to do business in my mind.

Other than the build sheet I only have a verbal agreement, but it was witnessed by 2 other people.

I paid with a cashiers check.

http://www.fowlerautomotive.com/for_sale_page.html
1 Chev 400 cid engine shortblock assembly 3951509 STD bore. Used, dirty, good buildable core.

shoot, that took all of about 2 and a half minutes and I didn't even have the complete cast number. I'm sure if he took some time he could come up with it.

You need a std 400 sb 2 bolt or 4 bolt main?

I think I could find 2 inside of 24 hrs.

Are you willing to pay the shipping?

The really bad part is I just got my money back from the last builder in Phoenix that screwed me, and cost $1,000.00 in atty fees.

Just out of curiousity, chevguy65; was it Phoenix Engine Rebuilders? (eBay)

Just out of curiousity, chevguy65; was it Phoenix Engine Rebuilders? (eBay)


http://cgi.ebay.com/ebaymotors/383-502-HP-439-Torque-100-COMPLETE-Chevy-Crate-Engine_W0QQitemZ190022301753QQihZ009QQcategoryZ336 15QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

and not all of my money did I get back......still may end up in court with this one......

And at the advice of my atty I sent the local guy a demand letter for my money back....we will see where it goes.... :(

Jeeez Carl you have had some bad luck getting a new engine built for your 65. You would be better off like someone said earlier going to one of the builders on this site. Maybe Mike Lewis would be the closest to you.

third times the charm ..... go to chevy dealership buy a ZZ383 drive home install .....end of problem :D

Well, got an email from him today.....he is willing to give me the parts he bought and thats it.

So now I don't know if I should just take him to court, or take the parts and sell them, and find a new builder. If I do that I will definately talk to the builders here before anything else.

I would ask a builder to use my parts, but I know they like to make money from the parts with a small mark up.

Geez, I cannot believe my luck with this, it has NEVER happened before. In the last year I must have lost some of my spine, but mark my words, whichever way I go, I will have everything in writing before I part with a penny. The way I look at it now is if they won't put it in writing and won't guarentee their work, they're not worth my time.

Well, got an email from him today.....he is willing to give me the parts he bought and thats it.

So now I don't know if I should just take him to court, or take the parts and sell them, and find a new builder. If I do that I will definately talk to the builders here before anything else.

I would ask a builder to use my parts, but I know they like to make money from the parts with a small mark up.

Geez, I cannot believe my luck with this, it has NEVER happened before. In the last year I must have lost some of my spine, but mark my words, whichever way I go, I will have everything in writing before I part with a penny. The way I look at it now is if they won't put it in writing and won't guarentee their work, they're not worth my time.

If he wont give your money back then its time to take it to the next level in my opinion. There is no excuse for that.

Chris.

You gave him money to perform a service and produce a product, he has failed to deliver on either account. There is a word for what he's done, it's called theft. The lawyers and courts won't call it that, they will call it something like breach of contract or verbal agreement. Failure to produce goods as promised or something to that effect.

It sucks that once again you will have to go to court and possibly retain a lawyer to get most of your money back, but I couldn't sleep if I let him get away with that and didn't do everything I could to get my money back.

I would take every part he's willing to give you that he's purchased for your project (the old bird in the hand being worth more than two in the bush) if he tries to get you to sign ANYTHING about not prosecuting him I'd take a copy (if not ALL the copies) for yourself and definitely 100% REFUSE to sign it! You'll want a copy for your evidence that this whole mess has indeed occured. Now you have his documentation (hopefully on his letterhead) to back up your story. It's not simply his word against yours anymore.

As far as taking the parts to another builder, if they are quality parts and you are okay with them being used in your motor, I'd explain the whole situation to the new builder as to why you want to use "your" parts. I'm sure he can find some other way into your wallet! ;) (No offense Team Chevelle builders!) :D

Sorry, but as I read this thread for the second time I had to toss my two cents worth out there.

Greg

I would contact Mike Lewis. Stand up guy, takes pride in his work. Doesn't mind talking with you and will work with you to see you get the best.

It is theft by deception. Like a contractor taking money to repair your house and then never doing the work. He is obligated by law to refund your money, not give you parts. You did noy hire him to sell you parts but for a completed engine and he did not fulfill his obligation. Go to the States Attnys' Office and file a complaint!

If I understand your post correctly it has been over 4 years now. He is diffently not going to do the right thing as he has mentioned in his email to you. Parts don't add up any where near 3500 bucks. I would take your receipt (assuming you have one from him on your 3500 payment and agreement), and any emails such as the one you mentioned, and go down to the courthouse and file for a court date in small claims. The amount minus parts is in the parameter for small claims. You will win judgement and can later attach his business checking account when he most likely does not pay. You can at least file for a lien against him. Then file against the Better Business Buear (sp), and anywhere else you can file to hurt his business in hopes of others not getting the shaft. Keep all your records such as letters, phone conversation dates, and any infomation that can be used in small claims court. You have given him way too much rope and now its time he hangs himself with it in court. If nothing else you will be better off having done this vs. just going away, which is what he hopes you will do.

Sorry for what has happened. In the future give a small deposit like 10-20% so parts can be bought, later installments can be made during machining and or assy. That's what I did with a small business the rebuilt one of my engines. He was kind of shady, wanted only cash :sad:

I know how this feels, had to take a cusomer to small claims court for money owed (invoices not payed on). Won judgement within an thirty minutes. Later, attached his checking account after he did not pay us. Once enough money was in it we lagally had it transfered into our business account. He never knew what hit him. Would have liked to have seen his face when he found that out.

Good luck.

PS We live close by, I am in next to Kuna off of Meridian Road.

Greg

Well....LOL...he is trying to say he paid 1992.00 for a brodix ik200 top end combo kit.
Theay are all over the internet for 1650.00 to 1699.00.

If he thinks I will accept his marked up prices he is on drugs.

I told him I want to see invoices, shipping invoices and all info, he replies with crap.

Sounds like court is just around the corner.

BTW, I really appreciate all of your tips and advice, you have no idea what it means to me.

Greg, we need to get together one day, I used to live on the corner of amity and kuna hwy. Went to school in Meridian almost 30 years ago.

Carl,

Hang in there but go through with the court thing. If nothing else it is a good experience. I am sure you will win and eventally get most if not all of your hard earned money back. I wonder if we have an action line here in Boise? I am sure we do. They will put pressure on him, threatining letters, and will file with agencies if he does not do the right thing. Might want to do this first then go to court if that does not work.

On a seperate note I read there is a car show in Eagle next week. I think I am going check it out. Keep me in the loop if you hear of any cruises and or show and shines going on. Look forward to meeting with you someday. You used to live just down the road from me. I am off of Columbia and Ten Mile.

Greg

what ever became of this?

http://cgi.ebay.com/ebaymotors/383-502-HP-439-Torque-100-COMPLETE-Chevy-Crate-Engine_W0QQitemZ190022301753QQihZ009QQcategoryZ336 15QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

and not all of my money did I get back......still may end up in court with this one......

And at the advice of my atty I sent the local guy a demand letter for my money back....we will see where it goes.... :(

Was the guys name Mark. There was another hoser from AZ that that went under another name that used to build and sell bogus engines.

http://www.chevelles.com/forums/showthread.php?t=152639

Yeah, your screwed. $3500 up in smoke. Stupid move, if you ask me., And you should have sent some muscle in when it looked like it was going bad. Sorry. That how we do things in "goomba-ville". **** gets done, everyone respects each other, and when someone crosses the line, they get a visit.

Lawyers are for pussies. And, they are hugely inefficient, as you've found.

The really bad part is I just got my money back from the last builder in Phoenix that screwed me, and cost $1,000.00 in atty fees.

Wow, sorry to hear of your loss, hope you get your $$ back...

Not to be mean but I don't think I'd ever pay the full sum before the work was done.....maybe 10% at best would I put down.....think about it even if you did fail to pay up after all was said and done he's still got your block and 406's....well I'm sure he'd have no trouble selling.

Not siding with him but I've heard alot of folks say the 400 block castings are the hardest to come by as most have a tendancy to crack.

Live and learn as they say......or find out where he lives and have a few big guys whoop his ass when he comes home every night. :D Maybe that'll convince him. ;)

And what kind of engine builder cant fix a cracked block? where was it cracked? did he show him or just say that to sell it and use it for another customer...hmmmm? PM me this builders information as I'd like to add it to my collection.