Property not being returned complete

[Texas_78114]

Is this still an active business? Do they have any equipment on site that might be able to be used to load your machines? Do they have any trucks or such to haul heavy equipment? Maybe you can work something out using her equipment to move your stuff, even if you have to pay one of the guys to be included in the deal and maybe fuel or something.

Yes it is still an active business, but they are offering no assistance. Distance from their property to the closest of our properties is about 30 miles.

 

[OHRoadwarrior]

Good catch.

Since the daughter took over the business, she also assumed responsibility for completing the contract (assuming that the business entered into the contract, and it wasn't entered into by the original mechanic as an individual).

If, after a contract is formed, circumstances arise which make a party's performance impossible or impracticable, his duty to render that performance is discharged.

Events that may make performance of the contract impossible include:

death or disability of a person indispensable to performance of the contract

Unless the daughter is a dozer mechanic, it seems this is still applicable.

 

[justalayman]

Unless the daughter is a dozer mechanic, it seems this is still applicable.

She is the owner of a heavy equipment repair shop. They have mechanics.

This just isn't going to turn out well for anybody.

I'm curious as to why she said they can't finish the work. I don't think it will make any difference but it just seems an odd situation where she initially agreed and then backed out.


and $1500 per week? like in 40 hours? That's $37.50/hour shop rate. Wow is that cheap, at least compared to rates in my area.


how were you going to get these units to wherever?
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this is how I see it.

you get your new parts back, no question,

you owe the labor tab up to date

she owes you the cost above and beyond what it would cost to transport the units after the work was done since that was a cost you had to incur anyway. Your bargain would have put you in the position of being able to drive one unit onto a truck and transport the other unit, most likely as parts (so you would have had to obtain some equipment anyway). In reality, I don't see too much of an additional cost to you to transport the equipment as it is than if the work was completed.



where are you at a financial point with that?

then figure in the cost of a lawyer (non-recoverable), the delay in getting the equipment repaired, and the stated desire to not injure the family (and I suspect a bit of goodwill is in there somewhere).

Where are you now?

 

[TheGeekess]

She is the owner of a heavy equipment repair shop. They have mechanics.

This just isn't going to turn out well for anybody.

I'm curious as to why she said they can't finish the work. I don't think it will make any difference but it just seems an odd situation where she initially agreed and then backed out.


and $1500 per week? like in 40 hours? That's $37.50/hour shop rate. Wow is that cheap, at least compared to rates in my area.


how were you going to get these units to wherever?
-------------------------------------------

this is how I see it.

you get your new parts back, no question,

you owe the labor tab up to date

she owes you the cost above and beyond what it would cost to transport the units after the work was done since that was a cost you had to incur anyway. Your bargain would have put you in the position of being able to drive one unit onto a truck and transport the other unit, most likely as parts (so you would have had to obtain some equipment anyway). In reality, I don't see too much of an additional cost to you to transport the equipment as it is than if the work was completed.



where are you at a financial point with that?

then figure in the cost of a lawyer (non-recoverable), the delay in getting the equipment repaired, and the stated desire to not injure the family (and I suspect a bit of goodwill is in there somewhere).

Where are you now?

She may have spoken before having discussed the rebuild with her mechanics, not knowing any better. The guys may have told her that none of them are qualified/have the experience to do such work.

 

[justalayman]

She may have spoken before having discussed the rebuild with her mechanics, not knowing any better. The guys may have told her that none of them are qualified/have the experience to do such work.

True. I'm not really arguing the point of why they won't or can't finish the work though. I do not believe that changes the end result. You really can't make them finish the work if they don't want to finish it. I just went with the premise that she (or her shop) would not be finishing the work for whatever reason and it was their (the shop's) choice to take that position (as opposed to the OP stopping the work before it was finished. That would change things)