autobody shop did shoddy work and caused damage to my truck can i sue them?

[ctkiteboarding]

What is the name of your state (only U.S. law)? ct.
heres the letter im working on to my credit card co. they are looking into the matter but most likely ill need to sue the shop.
i hope this is ok to post like this . any questions to clarify the issue will be promptly responded to
thanks for looking




10/5/2010
, i brought my truck to the vendor to have a custom, top notch paint job. ive seen there tow trucks and though if they have such nice paint work they must be good,

I spoke with one of the sons about my truck and told him I wanted my truck to look like the rotator tow rig they have, he said no problem and that he would get back to me with a price I offered to have the bed and frame sand blasted before to make the prep work easy he said no don't worry about it we can handle it and it will be perfect.

he called later that day and gave me a price, i asked when and how long they would need it, he said a week to 10 days, I dropped it off that evening,

well I stopped by a week later to see how the prep was coming and the old guy in the shop started to bitch about having to work on this truck by himself and that he needed help, even complained about not having the right scaffolding to reach the cab roof and cab protector, he wasn't sure how they would spray it,
I mention ladders and a few planks he said the kid was in charge of that part,

well another week goes by and the truck is not done , so I asked when he said Friday, I called Thursday and was told it was done and come get it Fri PM,

got there and did a quick look over it was raining and getting dark,

that weekend I washed it and started to polish the chrome etc. and couldn't believe the amount of over spray, as I worked on the truck I found so many areas that were not painted that I ordered an aresol paint can in that color code and painted them with the spray can ,

they missed all over, in the jams , under trim areas, steps.
anywhere that needed the guy to bend down or look around he missed
it ,
took me 2 cans to cover the areas and when I got to the cab some one had walked all over the roof and caved it in , total wreck, they ruined the cab on this truck which was in great shape ,

I called and asked for a refund they said to bring it back so they could fix it, I asked if replacing the cab was what they wanted to do because it was the only way to get the roof mint like it was before they stomped all over it,

they said they would remove the headliner and push it back out and that the guy attaching the cab visor must of stepped on it

a full list of issues and damage goes like this, very little sanding and prep before painting, some rust areas not sanded at all and then painted ,, lots of over spray, lots of runs in the paint mostly on the dump body , lots of areas not painted , cab roof crushed by whoever painted the dump bed cab shield , frame barely prepped and some areas not even painted , passenger door which was working no longer opens from the outside

also after some more research it is was discovered that the vendor used a single stage paint on the cab , this was discussed for the dump bed but a two stage paint was agreed to be used on the cab this being said paint fade has already started on the cab hood and the quality of the " shine" is less then what was discussed.

bottom line it this vendor did a horable job prepping and a very poor job painting and the largest issue that is only fixed by replacing is the crushed cab roof a total loss ive been a customer for a long time and would hope your co will support/ defend me and not allow a vendor to abuse there customers with no repercussions

thanks
RG

 

[Zigner]

You needed to give them the opportunity to fix the problem...instead, you bought a spray can of paint and took it upon yourself. Bad choice.

 

[ctkiteboarding]

i understand but thats the small issue the cab roof being crushed and the used of a single stage paint instead of the two stage are the big issues there are several unpainted areas still and the small issue of the door handle no longer working, i asked them if they intended to replace the complete cab and repaint with a two stage and was told no

 

[Zigner]

i understand but thats the small issue the cab roof being crushed and the used of a single stage paint instead of the two stage are the big issues there are several unpainted areas still and the small issue of the door handle no longer working, i asked them if they intended to replace the complete cab and repaint with a two stage and was told no

They're not going to replace the cab.
Does your written contract spell out what paint they would use? You would need to take it to a pro who will testify that it was not properly done.

 

[ctkiteboarding]

verbal contract the cab roof will never be able to be correctly streightened (spelling) another shop has looked at it told be its clearly a single stage paint and the the cab was ruined buy this vendor im guessing a estimate to repair is in order

 

[Zigner]

verbal contract the cab roof will never be able to be correctly streightened (spelling) another shop has looked at it told be its clearly a single stage paint and the the cab was ruined buy this vendor im guessing a estimate to repair is in order

Tell me this: How are you going to PROVE that the paint is not what you agreed on?

As for the damage to the roof, unless it's caved in down to the seat, why do you think they can't fix it?

 

[ctkiteboarding]

single stage paint is a one step application and two stage is a 2 step there is a clear coat over the color coat, a pro can tell the two apart , hell i could see the differance , im thinking a statement from 1 or 2 shops should cover that issue ,
the roof collapse is pretty simple ,the sheet metal is very thin on roofs cars roofs as well, this can not be pushed back out without creases in the sheet metal then the crease would have to be lowered down ex. grinding or hammering and then body filler would need to be skimmed coated the problem with that it the roof will flex unlike a fender or quater panel and the filler will crack, once a roof is damageged it will never be the same unlike other areas with stronger sheet metal

 

[ctkiteboarding]

sorry just re read your post verbal contract is all i have for the 2 step paint

 

[ctkiteboarding]

my revised stament of events

To whom it may concern,

On the day of September 15th, 2010, brought my truck to Bill’s Service to get an estimate for a custom, high-end paint job on my Freightliner Dump Truck. I had just purchased the truck and decided to take it to Bill’s Service in Stamford to have it professionally painted.
I spoke with one of the sons ( Jim) about my truck and told him I wanted it to look like the rotator tow rig they have which is a show truck, He told me there would be no problem and that he would get back to me with a price. I offered to have the bed and frame sandblasted before to make the prep work easy, but he told me not to worry about it, they could handle it and it would be perfect. He called me later that day and gave me a price which was $3500 to 4000. I asked when and how long they would need it. He said a week to 10 days, I told him I wanted to have a new ALC load cover installed before they started to work on the truck that way it would be completely ready for the high end paint job that I wanted and there would be no repainting of the bed by the load cover co..this made logical sense and I brought the truck to ALC in the am waited for them to prep the dump bed and drove the truck back to Stamford where I dropped it off at bills service the nite of September 16th

I stopped by their shop a week later to see how the prep was coming and the older gentleman in the shop (Pete) complained to me about having to work on my truck by himself. He mentioned that he needed help, and said that one so called helper worked for about an hour then disappeared and that he had to redo that work anyway he also complained about not having the right scaffolding to reach the cab roof and cab protector, he wasn't sure how it would be sprayed and complained that they usually use the garage at bills service south for large trucks like this but that the wasn't possible for whatever reason, I mention using ladders and a few planks he said that Jim was in charge of that part.
Another week had gone by and the truck was still not finished. I asked when it would be finished, he said Friday, October 1st. On Friday, when I went to the shop to pick up the truck, I did a quick check of the truck as it was raining and getting dark.
That weekend, I washed the truck and started to polish the chrome etc. and noticed the amount of overspray. As I worked on the truck I found so many areas that were not painted that I ordered a paint can in that color code and painted them with the spray can. i needed this truck back in the field for work , so I Attempted to fixed the mistakes myself. As I tried to do touch ups on the missed areas, I realized the extent of the areas that were overlooked- in the jams, under trim areas, steps, anywhere that needed the guy to bend down or look around he missed. . When I got to the cab roof, I was horrified to see that someone had walked all over the roof and caved it in. They ruined the cab on this truck.
When I called and asked them to fix it, I asked if replacing the cab was what they wanted to do because it was the only way to get the roof like it was before they stomped all over it. They said they would remove the headliner and push it back out and that the guy attaching the cab visor must of stepped on it. just another example of the lazy way to attempt to repair something, when I explained that this wasn't going to make it right he said you signed the credit card receipt and that I was on my own,

The full list of issues and damage are as follows; very little sanding and prep before painting, some rust areas not sanded at all and then painted, many areas of overspray, many runs in the paint (mostly on the dump body), many areas not painted, cab roof crushed by whomever painted the dump bed cab shield, frame barely prepped and some areas not even painted, passenger door (which was working) no longer opens from the outside. The vendor used a single stage paint on the cab, this was discussed for the dump bed but a two stage paint was agreed to be used on the cab. This being said paint fade has already started on the engine hood and the quality of the "shine" is less then what was discussed. this paint will have to be completely removed to basically start form scratch to use the two stage paint process.
I have multiple photos documenting the damage. I can also procure a statement from the gentleman I bought the truck from attesting to the vehicles condition prior to bringing it into the shop for painting. as well as a another witness that inspected this truck with me at the time I bought it, and a third statement from the father and son at ALC who worked on the truck prior to bills service attesting to the condition of the cab roof on this truck, It is also my belief, the fact that they admitted to stepping on the cab is proof of their culpability in damaging my truck.
The vendor not only provided a sub par service, but because of their desire to cut corners or out of pure laziness, they caused irreparable damage to the cab roof of my vehicle. I’ve been an American Express customer for a long time and would hope your company will support/defend me and not allow a vendor to abuse their customers with no repercussions.

 

[Zigner]

You needed to give them the opportunity to fix the problem. Instead, you bought a spray can and took it upon yourself.

Your CC company MAY side with you...however, that won't preclude the vendor from suing you if they do.

Upon reflection, you haven't presented a legal question yet, as your dealings with AMEX are contractual between you and the card issuer.

 

[wrongsometimes]

You needed to give them the opportunity to fix the problem. Instead, you bought a spray can and took it upon yourself.

Your CC company MAY side with you...however, that won't preclude the vendor from suing you if they do.

Upon reflection, you haven't presented a legal question yet, as your dealings with AMEX are contractual between you and the card issuer.

You should take my name....I never let people who mess up a job return to fix it (you dont have too -- you contracted for work & they messed it up; they are liable for any further damages--should have taken it to another place & sue for the difference in your out-of-pocket costs). The OP should not have taken a spray can to his car either, that I'll agree with..but he can still take it to another place & have it fixed/re-done correctly.

Sounds like a small claims case .. the judge will decide who is BSing him (or her).

 

[Zigner]

You should take my name....I never let people who mess up a job return to fix it (you dont have too -- you contracted for work & they messed it up; they are liable for any further damages...

Yes, they should be given an opportunity to fix it.

I have no need to take your name - it fits you all too often!

 

[ctkiteboarding]

1st thanks for taking the time to read my post,, as for my question, is theer a case here ? ths spray paint touch up is the least of issues, its the cab roof and the single stage paint , then the un preped areas and the non painted area (still un painted) as well as the door issue, this co. has to answer for there unprofessinal service and i really cant give them my truck to damage again not to mention a timeline issue was streched to its limits imagine how long they will have my truck to "fix the issues"

 

[Dave1952]

If you plan to take this to court a written contract would be a big help. Have you taken the truck to any other paint shops for an opinion on the work done? Are these pros willing to testify? How much would these pros have charged for the work that you expected? How does that compare with what you paid?
You'll need to prove to the judge that you paid for a good job but received a bad one. Clearly the 2 step paint job would have cost more than the one step.
It hurts your case to insist that the cab was pristine while complaining about rust and poor sandblasting. Did this shop have a truck-sized spray booth?
As everyone else is telling you, you should give them a reasonable chance to do repairs.
Your insistence that the roof (hidden under the visor) can't be fixed sounds pretty wacko to me. Such repairs are common. That the repair won't meet your high standards suggests that your standards are the problem.

Good luck

 

[ctkiteboarding]

thanks for the insite, and your time maybe i can clearify things

I cant change the fact that i dont have a written contract
two other shops have looked at the truck and agree that they did a low quality job, they will write a letter stating this but i did not ask if they would come to court,
the sand blast/surface rust part is on the dump bed and frame not on the cab which was in perfect shape( other then the wrong color),

as for other shops estimates 3k to 5k was the range from 3 shops, the other"south" shop did have a truck size booth but soon learned they didnt have access to it,

the roof damage is not under the visor, its the entire roof as if you climbed on the roof of a car and walked around on it , the visor is over the windshield and was what he uses as an excuse for the damage which is crap because the visor can be easily removed/ installed from the front of the truck by opening the hood, you really cant install/ remove from the top of the truck you have to get under it between the windshield and visor to reach the mounts.

the chance to fix it idea could apply if the shop did the right thing from the start but after watching there system i learned that i should of stopped work right when the older gentlman started to complain and took my truck elsewhere, the possibility of the truck leaving there shop with a show truck level paint job is non existent and that alone is reason to take it to a reputable shop for corrective measures ,

all in all there were flags that i should /could of seen and stopped this mess from happening but as a small buisness owner myself if i say im going to do something for a client i do it. that is whats expected of me and what i expect that from others, a bit fo research on my part would of found poor reviews of this place but that is to late, im sure the people that have been abused by this shop just said to hell with it and thats why they continue to get away with bad service no one holds there hand to the fire and holds them accountable for there lazy actions

im hoping the amex will help me but what is really important is that they have to deal with this in a court of law and im hoping the truth will show up to smack them in the face and maybe just maybe they will think twice next time