QUESTION
Can I sue an auto mechanic for breach of contract if they refuse to repair the bad engine they installed for me?
Asked on Jun 29th, 2016 on Breach of Contract - California
More details to this question:
I purchased an engine from vendor. The vendor sent me to a mechanic to have the engine installed. They gave me a 90 day warranty on the engine and installation. 70 days later the engine needs work. The mechanic refused to repair the engine even though if falls within the 90 day warranty. I called the vendor and he said the mechanic has to fix it. Now both of them ignore my calls. I paid a total of $1300 for both the engine and the install. Can I sue for breach of contract? Or do I get the repairs done somewhere else and sue them for the repair costs and court fees? Or both? Thank you.
1 ANSWER
Both scenarios you are describing are suits for breach of contract, it is only the relief you seek which is different. If you feel confident that you will win, and/or you need the car, you would probably be better off getting the repairs done somewhere else and sue the mechanic and vendor for the costs. Make sure you can demonstrate that the costs are reasonable; shop around. You may want to get an estimate and then send it to the mechanic and vendor telling them that if they don't do the repairs they are legally obligated to perform, you will have the car fixed elsewhere and sue them for the expense you incur.
Answered on Jun 29th, 2016 at 1:12 PM