Are auto mechanics responsible for work done by one of their sub contractors

I have a truck with 68,000 miles, the same auto repair shop has rebuilt the
transmission 3 times, at a cost to me of over 4,000.00 The transmission is
failing again and he tells me that he subcontracted this previous work to another
shop and that he is not responsible for defective work done by his subcontractor
he also says the sub contractor is no longer in business…..He says sell the
truck….
Thanks

Asked on May 9, 2016 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, he is wrong: if you hired him to to the work, he is responsible or liable for it, even if he in turn subcontracted out to another to actually do some or all of the work, Your relationship is with him, not the subcontractor; your contract (whether written or oral) for the repairs is with him, not the subcontractor; and when someone undertakes to do work, he is responsible for it regardless of how they choose to do it (e.g. personally; with employees; by a subcontrator; etc.). You can sue the auto mechanic for the shoddy work; he may be able to sue the subcontractor in turn to try to recover some of whatever he pays you, but is his, not your concern.


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