All I am saying is no one seems to take the approach of what if it goes bad?
The only reason I know is I have had to file 4 civil law suits in last 5.5 years to do with custom home construction and 1 to do with a viper.
They sell you on hope and dreams of having the king vehicle, but they never talk about if the project fails and they put as little in writing, documenting, what happen if x happens. Just because a shop has a good word of mouth or reviews means nothing, they just haven't had a major screw up yet. You need to make sure they are financially stable and can make something financially right, if something gets messed up. Most of these companies are just LLC's, filing their business taxes mashed into their personal 1040 return and they take every dime out of the company, to support their lifestyle. A company run like that, how are they going to return your $50,000.00 for engine modification they screw up and return your truck to stock? You are screwed period. Even if you win lawsuit or get arbitration judgement, they just go bankrupt.
Because state law statutes, state any company sued can not represent themselves in law suit, they need to retain counsel. Thus it becomes cheaper and more cost effective to just stall, delay, draft dodge requests...etc, especially if they don't have funds to defend the law suit or repay you back and fix damage. Most are in this position and its the default strategy attorneys use, stall it out until consumer quits. And it works. Most people cant take the stress and drama it puts on your entire life, and effect your entire family. They are counting on it. Its all part of the strategy.
Home builders and car tuners doing HP modifications are a lot a like. Usually the guy that owns the business was one of the best at what he did, working for another company and thought, why cant I make the big bucks. Where the problem comes in is these people are not trained or professional businessman, that know how to run a business, cash flow, have enough equity and risk and liability coverages for each specific project. In other words, they cut corners on the back end business side and when it goes bad, its really bad. They don't have the equity to cover mess ups, they are super nice when they are trying to sell you, but when it all falls off the rails, they just stop calling you back.
If you want to test a tuner, tell them whatever you want done, and you will sign a contract and pay in full when completed. Watch the ants balk at that and scurry back underground into the ant hive. A business that is not properly financially responsible/secure to cover the cost of the project upfront is a business you don't want to get involved in.
They want you to hand over your truck and whatever amount cash for project upfront. You take all the risk. In reality, if it goes wrong, they have basically no risk, because they know, most people don't have or want to waste the money to file a civil suit. And as long as they do one thing to the car and document it, then it sits there for 2 years, that is intent to start/complete the project. No criminal charges can be filled, its all civil. That is when it starts getting expensive for consumer.
Plus they are preying on your ego to increase your HP x amount, no one ever properly thinks out what if it goes bad and what are my recourses, if it does.
Summary judgement occurs only if contract is rock solidly clear and judge approves summary judgement. No a guarantee by a long shot. By the time it gets to this point alone, its gotten so ugly, both sides are dug in and are not giving an inch.
Summary judgement in a civil case, one party wants to move to a court decision without a trial. The other party will oppose, if they don't have funds, then just stall it out and run your attorney bills sky high. The judge reviews the facts (unless your attorney, re-writes the contract, everything is vague and disputable) of the case, along with any acceptable evidence provided by each party to support their argument and sees no point in having a trial. Then they force you into mediation, which fails more than half the time, then its onto discovery which takes almost a year, then depositions, then you have to start setting courts dates.
The other attorney can easily drag it out years, without almost any cost to defendant. The goal here is to wait out the consumer, until they just give up.
Just be careful.
