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

Asked on May 9, 2016 under Business Law, Texas


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.