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-   -   Small Contract Dispute - Autobody Work (https://www.revscene.net/forums/701654-small-contract-dispute-autobody-work.html)

Ching.Chong 02-18-2015 08:25 AM

Small Contract Dispute - Autobody Work
 
1 Attachment(s)
EDIT:

It has been resolved, after rushing in the morning to work and their reluctant acceptance of folly initially. They have promised me to repaint the kit and even admittedly understood why i wouldn't be happy.

The picture won't do its justice, its not that bad, but its noticeable. This isn't a scenario where i told them to paint it while oblivious to the fact that pearl white is easy to match, it is the fact that i was promised a decent matching quality and should not be worry. I am not looking for 100% Anyways good on them, for standing up to their standards and being fair. I am happy!






Thanks

murd0c 02-18-2015 08:26 AM

what do you expect when you pay $1000 cash? all you can do is take him to small claims court and as long as you have proof on your agreement.

SpeedStars 02-18-2015 08:31 AM

Any pics of how off the color is? Pearl colours are EXTREMELY hard to match if you dont repaint the whole car. Also if you're comparing your bumper to fenders/hood/any metal part there will be a slight paint discrepancy. Did you ask them to redo it yet?

Ching.Chong 02-18-2015 08:38 AM

I reminded him twice that it was going to be hard to match, and he kept on insisting that it will be fine.


If i take him to court, and win, the outcome would be that i can get is my money back, and have it removed?


Not sure if it would be worth my time... god dammit.. :(



He said thats the best they can do...

RiceIntegraRS 02-18-2015 08:42 AM

What Car? Paint Code? Pics?

$1000 is on the cheaper side to get a bodykit paint and also installed. this maybe a case of u get what u paid for.

inv4zn 02-18-2015 08:42 AM

Unless you're going to represent yourself, or have him settle just at the threat of a lawsuit, your costs/time will not make it worth it.

meme405 02-18-2015 09:31 AM

Quote:

Originally Posted by inv4zn (Post 8598175)
Unless you're going to represent yourself, or have him settle just at the threat of a lawsuit, your costs/time will not make it worth it.

Everyone represents themselves in small claims court.

If you take a lawyer to small claims court everyone will laugh at you. If the problem is big enough to require lawyers, or complicate enough, then small claims court is the incorrect avenue for that issue.

Small claims court = People's court.

VR6GTI 02-18-2015 09:35 AM

The guy who sold you the bumper also has a body shop?
Did you deal with the shop directly?
What type of vehicle? Pics?

ree666 02-18-2015 09:41 AM

I wouldn't want to deal with a collusion shop.

inv4zn 02-18-2015 10:16 AM

Quote:

Originally Posted by meme405 (Post 8598211)
Everyone represents themselves in small claims court.

If you take a lawyer to small claims court everyone will laugh at you. If the problem is big enough to require lawyers, or complicate enough, then small claims court is the incorrect avenue for that issue.

Small claims court = People's court.

Learn sumthin err'day!
:concentrate:

Majestic12 02-18-2015 10:21 AM

Quote:

Originally Posted by meme405 (Post 8598211)
Everyone represents themselves in small claims court.

If you take a lawyer to small claims court everyone will laugh at you. If the problem is big enough to require lawyers, or complicate enough, then small claims court is the incorrect avenue for that issue.

Small claims court = People's court.

No. Small Claims is meant for people to be able to access it without a lawyer, but plenty of people have legal counsel in small claims.

trollguy 02-18-2015 10:37 AM

Quote:

Originally Posted by aquar1u2 (Post 8598224)
I wouldn't want to deal with a collusion shop.

exactly. that's the problem. an autobody collusion shop!

freakshow 02-18-2015 10:42 AM

pics would help a lot here..

meme405 02-18-2015 10:59 AM

Quote:

Originally Posted by Majestic12 (Post 8598238)
No. Small Claims is meant for people to be able to access it without a lawyer, but plenty of people have legal counsel in small claims.

In the VAST majority of cases in small claims court the claimant is not entitled to any cost reimbursement beyond just the filing fee. That means that anyone who brings a lawyer to small claims court will more than likely have to pay the fees themselves once everything is said and done.

Not many people are going to bring a lawyer who is charging them $300 an hour to a dispute about $1000.

That's why anyone who knows that a grape isn't the same thing as a grapefruit, will laugh at others who bring lawyers to small claims court.

Retaining a lawyer to go to small claims court is like renting a Ferrari just to take it to a go karting track. Yeah you can do it, but you are a pretty massive idiot if you do.

^This is all in general, there are cases where a lawyer might be appropriate, especially as you approach the $25k mark, or in cases where you might actually have the shot at your legal counsels costs being reimbursed.

Speaking much less generally: even if the OP actually had a case, by that I mean that the paint job was so appallingly terrible that it really wasn't worth the $1000. I don't see how a lawyer would help his case. So it's just a matter of him compiling all his information, filing in small claims court, and presenting the evidence and let the judge decide.

Majestic12 02-18-2015 11:11 AM

If you're claiming peanuts, then yes, it's not worth your money to hire a lawyer. But if you're talking numbers that are higher, then for sure it's worth it to have representation. The $25k limit isn't a small amount of money at all.

Also, it's not possible for the Provincial Court to award solicitor's fees. BC Small Claims Act, s19(4).

meme405 02-18-2015 11:20 AM

Quote:

Originally Posted by Majestic12 (Post 8598275)
Also, it's not possible for the Provincial Court to award solicitor's fees. BC Small Claims Act, s19(4).

Huh you are correct, I was mistaken. You can have expenses like the cost of hiring someone to serve the individual reimbursed in rare cases and some other incidental non-sense related to the claim, but in NO instance can the fees for a lawyer be reclaimed, which even further reduces the number of scenarios where a lawyer would be useful in small claims court.

EmperorIS 02-18-2015 11:41 AM

Just give him a shitty Yelp review and move on. It is not worth your time.

VR6GTI 02-18-2015 11:43 AM

Quote:

Originally Posted by EmperorIS (Post 8598287)
Just give him a shitty Yelp review and move on. It is not worth your time.

Well that's a cowardly way out :heckno:

Ludepower 02-18-2015 12:53 PM

Let see some pics.
Buying parts then getting them painted...2 totally different shops.

Because you used the parts guy as your middle man....you cant directly goto the bodyshop and complain.

Lomac 02-18-2015 12:56 PM

Keep in mind that even though the bumper may have been painted exactly to OEM spec, paint fades over time. The colour difference on the rest of the body may be from aging and sun exposure, not a poor colour match.

RRxtar 02-18-2015 01:07 PM

This is one of those cases where the OP might not win.

Assuming you had a contract for the following:

Did the shop supply the body kit you requested: Yes
Did the shop paint the body kit the colour you requested: Yes

They provided the materials and services you requested so they technically fulfilled their end. OP being unhappy with the 'quality' is likely not grounds for legal action as quality is a matter of opinion if the 2 main points above have been met.

Semi-related. Mike Holmes did a big segment on this same topic. As long as a contractor does what you agreed to, you cant do anything legally, even if you say he didn't do it well enough.

Klondike 02-18-2015 01:39 PM

You will never get a perfect color match, especially on white pearl :rukidding: (unless you do the whole car)

Even cars from the factory, the bumpers and body panels will be slightly off. Nobody notices because new car. :facepalm:

VR6GTI 02-18-2015 03:48 PM

Quote:

Originally Posted by Klondike (Post 8598349)
You will never get a perfect color match, especially on white pearl :rukidding: (unless you do the whole car)

Even cars from the factory, the bumpers and body panels will be slightly off. Nobody notices because new car. :facepalm:

After asking twice if the paint would match you would think the customer would get a decent match. But we are just speculating because there is no pictures and alot of missing info.

white rocket 02-18-2015 03:59 PM

Paint work is very subjective and since you only have a verbal contract he can just say that he told you it would be hard to match. Your word against his basically.

Gunsmokez 02-18-2015 11:50 PM

Only way is to blend it out, into a body line on to the next panel. Won't be perfect but, will better hide the color.


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