What would you do..."misplaced" engine
Drifting
Joined: Jun 2010
Posts: 1,781
Likes: 15
From: Oxford Ohio
The problem with the Lawyer will be his fee. The costs to be able to establish the loss in value because of the missing engine. What is the liability coverage with the shops insurance? A number of expensive research to be done.
Team Owner
Joined: Jan 2006
Posts: 37,637
Likes: 3,118
From: Crossville TN
Riiight. It's just MISSING. Well....if the shop owner can't find/produce it, he's used it for something else or it's been stolen from his shop. Either way, it is theft, plain and simple.
I already told the OP to go have a 'civil' talk with the owner to find out what he knows and what HE proposes to do about it. What more do you want? No one else has given the guy any tangible advice...they just want to commiserate with him about the 'missing' engine.
I already told the OP to go have a 'civil' talk with the owner to find out what he knows and what HE proposes to do about it. What more do you want? No one else has given the guy any tangible advice...they just want to commiserate with him about the 'missing' engine.
Race Director
Joined: Feb 2006
Posts: 12,239
Likes: 19
From: Chino CA
Riiight. It's just MISSING. Well....if the shop owner can't find/produce it, he's used it for something else or it's been stolen from his shop. Either way, it is theft, plain and simple.
I already told the OP to go have a 'civil' talk with the owner to find out what he knows and what HE proposes to do about it. What more do you want? No one else has given the guy any tangible advice...they just want to commiserate with him about the 'missing' engine.
I already told the OP to go have a 'civil' talk with the owner to find out what he knows and what HE proposes to do about it. What more do you want? No one else has given the guy any tangible advice...they just want to commiserate with him about the 'missing' engine.
7T1 is right - blowing up won't get the engine back....only cause more problems...
Drifting
Joined: Jun 2010
Posts: 1,781
Likes: 15
From: Oxford Ohio
Not a criminal case, the culpable mental state for theft is "knowingly". It would be very difficult to proove he knowingly exerted control over the property of another, without and beyond any expressed or implied consent. Closer to recklessly or negligently neither of which will fulfill the requirements of theft.
Instructor
Joined: Apr 2012
Posts: 224
Likes: 2
From: St. Charles Missouri
Not a criminal case, the culpable mental state for theft is "knowingly". It would be very difficult to proove he knowingly exerted control over the property of another, without and beyond any expressed or implied consent. Closer to recklessly or negligently neither of which will fulfill the requirements of theft.
Dunno what I would do in the OP's position other than tell the shop to find the block or I will visit upon them the wrath of ten thousand wild motherf*ckers.
Just my opinion. One can't mess with another mans Corvette. Word.
Safety Car
Joined: Sep 2007
Posts: 4,458
Likes: 331
From: Indy Indiana
There are a surprising number of posts in this thread from a really small amount of information from the OP. we don't even know the car year to give you value advice.
from the OPs limited amount of info. looks like he sent it to a machine shop for block rebuild prep. so he is doing the rebuild after getting it back, and is probably somewhat knowledgeable.
there is value loss in losing a original engine. depends on the true value.. and he would have to prove it. most likely the value loss is equivalent to a lawyer fee and court costs ( 1-2K) plus time and other expenses. so no sense even advising him to go straight to court. you can only sue for actual money damages. one might win penalty money if he can prove that the shop was trying to cheat him, but that is near impossible. and most likely the shop will try to make it right with a proper amount of quiet motivation.
with just a little bit of negotiation, the op will probably get a nice rebuilt short block out of the deal.
They will find it, or give him another one.. you just have to be persistant and negotiate.
to state that the machine shop is going to write him a 10K check, is reaching for the sky.
from the OPs limited amount of info. looks like he sent it to a machine shop for block rebuild prep. so he is doing the rebuild after getting it back, and is probably somewhat knowledgeable.
there is value loss in losing a original engine. depends on the true value.. and he would have to prove it. most likely the value loss is equivalent to a lawyer fee and court costs ( 1-2K) plus time and other expenses. so no sense even advising him to go straight to court. you can only sue for actual money damages. one might win penalty money if he can prove that the shop was trying to cheat him, but that is near impossible. and most likely the shop will try to make it right with a proper amount of quiet motivation.
with just a little bit of negotiation, the op will probably get a nice rebuilt short block out of the deal.
They will find it, or give him another one.. you just have to be persistant and negotiate.
to state that the machine shop is going to write him a 10K check, is reaching for the sky.
Le Mans Master
Joined: May 1999
Posts: 6,692
Likes: 29
From: Texas
Many years ago, a single but older woman neighbor and a late 60's beautiful red convertible Vette. She took it into a shop for some work and when she got it back, a different motor was in it. Never did find out what she did. I think she just let it go.
Team Owner
Joined: Jun 2000
Posts: 38,923
Likes: 1,481
From: Southbound
Cruise-In II Veteran
Last edited by Easy Mike; Dec 20, 2012 at 12:34 PM.
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Race Director
Joined: Jul 2001
Posts: 15,892
Likes: 42
Finding a shop that knows the difference is difficult, finding a shop that can track a component from start to finish and reliably preserve said numbers is even more rare.
AFAIK, it cannot be done in a large big volume style shop that most people use.
Thread Starter
Instructor
Joined: Aug 2009
Posts: 109
Likes: 0
From: Goodyear AZ
I met with the owner this morning and the issue has been resolved...I appreciate the advice from the forum.
Although I was absolutely livid when we first met, the more rational and patient me worked out what I feel is a fair resolution. It included a better block, machine work and financial considerations. As to whether or not it made up for the actual loss of a numbers matching engine...I do not know, but I am content.
The original engine block is gone....can't produce something that is not there. I do feel after speaking with the owner that a mistake was made by an employee. I also do not feel it ended up being used for other purposes.
I guess the important info or advice I can pass along is that when you take an engine or any part for repairs or reconditioning...be sure to document. Take pictures, write down on work orders your vin...block number..date code or other info to identify your parts. This will help in the resolution of problems.
I am not going to name the shop or the owner, as I feel the issue has been taken care of.
Although I was absolutely livid when we first met, the more rational and patient me worked out what I feel is a fair resolution. It included a better block, machine work and financial considerations. As to whether or not it made up for the actual loss of a numbers matching engine...I do not know, but I am content.
The original engine block is gone....can't produce something that is not there. I do feel after speaking with the owner that a mistake was made by an employee. I also do not feel it ended up being used for other purposes.
I guess the important info or advice I can pass along is that when you take an engine or any part for repairs or reconditioning...be sure to document. Take pictures, write down on work orders your vin...block number..date code or other info to identify your parts. This will help in the resolution of problems.
I am not going to name the shop or the owner, as I feel the issue has been taken care of.
Melting Slicks
Joined: Sep 2011
Posts: 3,372
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From: Peoria Arizona
Race Director
Joined: Apr 2003
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From: Tampa, Florida
Safety Car
Joined: Aug 2000
Posts: 3,711
Likes: 43
From: San Antonio TX
What could have happened to it? Well, unto itself, a '73 L48 block is worth about as much as two dead flies. So, there was no value to it except as the original engine for that car. Probably went out as a core, or, as has been noted, went to someone else waiting for a 350 block. He doesn't know and this will remain a mystery for our time.
Le Mans Master
Joined: Mar 2008
Posts: 5,948
Likes: 72
From: Oxford MA-----You just lost the game!!!!
What could have happened to it? Well, unto itself, a '73 L48 block is worth about as much as two dead flies. So, there was no value to it except as the original engine for that car. Probably went out as a core, or, as has been noted, went to someone else waiting for a 350 block. He doesn't know and this will remain a mystery for our time.
Seriously, though, c'mon, dish! Tell us a little about what he did to make you happy. Damn, we are a nosy bunch, ain't we?
Scott
