Do I have any legal recourse against someone who was supposed to perform a service in which the service was sub par but no receipt was given?

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Do I have any legal recourse against someone who was supposed to perform a service in which the service was sub par but no receipt was given?

I recently paid cash to have a motor rebuilt and the service individual performed a subpar job on part of the engine. It wasn’t noticed until after picking the motor up and payment (no receipt was given). I spoke with the individual that performed the service and he backs his work stating that it was fine. I have gotten quotes from other machine shops which state the job has not been done correctly and will cost a substantial amount. Do I have any legal recourse against the initial machinist?

Asked on May 4, 2012 under Business Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you had someone perform machinist work with respect to your vehicle's engine, where cash was paid and it turns out that the work done is far from good needing additional follow up work, your recourse is to go back to the machinist and request that he or she re-do the work on the vehicle to a satisfactory condition within the automotive industry. Follow up the conversation with a letter memorializing the meeting keeping a copy of it for future need and reference.

If the machinist refuses to honor his or her work, your recourse is to take the engine to another place to re-do the defective work and then sue the first machinist for the cost incurred with the secondary work.


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