This one's for you guys that may have built some cars for others, or done something like adding Air bags... The Question is, what kinds of problems with customers comming back, or liabilities that you've run into? If I install an air ride kit or do an engine swap what would I have to worry about? Looks like I might have a side job or two lined up, I'm more than capeable to do these things Just want my *** covered if I can... BYC
Lot of my freinds here do side work, only it is carpentry. The way I understand if your not a licensed contractor then there really isnt any legal recourse against the person doing the work. This also opens up a whold can of worms in terms of insurance, workers comp., unemployment etc. Not sure what the laws are in California... is there some kind of free legal advise site??
As wierd as this may sound, and since you probably know these guys, friends whatever, this maybe even wierder to do but draft up a do***ent stating exactly that, you are capabale, but due to failure of ______________ (fill in the blanks related to what you are doing) you will not be held responsible for any accidents, failures, etc. I use to work in a law office and this was the best way to steer clear of problems, cause once they agree to your terms, you should be legally safe from being sued.....they are coming to you at their own risk.
Its one thing to help someone out as a favor. Its another to have someone think you guarantee that work and they come back whining with any further issues. Whether it be computers or cars, make sure that person understands you are doing it as a 'side thing' and you will not be held accountable for what happens after they drive off your property. Make sure its in writing. I stopped doing sidejobs ages ago, it wasn't worth the loss of friends, and whiny people. -Dane
You could possibly avoid legal issues with the customer with such a do***ent, but it won't release you from third party liability - like when something breaks, he wrecks, and someone else is injured. It also leaves you open for action from the state for operating an unlicensed business, failure to pay taxes, etc. when/if something does happen and it comes out that you did the work for income. Dan
Doesn't matter what they sign, they can still take you to court, doesn't matter if it's your fault or not. Or if they are injured or killed, their family and dependants can take you to court.
No paper trail. No checks. Cash only, and in advance. No written contracts. No receipts. Only do "favors" for people you knew, and knew well, before you started doing "favors" for people And if it gets to it "No your honor, I've never met this person before in my life, I don't know what he's talking about." Or, get a Signal Hill business address and legal license (1/10th the price of one in L.B.) and insurance and be in business.
I do complete build ups for people, I've done one a year for the last five years. To take a car from basically nothing to a finished car with A/C, PDB, AOD, Crate Motor Etc, is pushing $60,000. What the owner ends up with is a personalized car that is a show winner, and will be reliable for the first 50,000 miles. Of course, I don't tell them that, I just allow them to be pleasantly surprized when they go to show the car... and when they drive it 'till they die and never have it break down. The one thing I am at the mercy of is the painter. Good painters are hard to come by. A paint job on a complete is approaching $6,000-$10,000. My labor rate is $35 per hour, and my customers agree that they will pay me at that rate for as many hours as it takes to build their car. Parts and materials are extra. If I have to run and get parts, they pay me $35 an hour to sit in my truck and drive to where ever I have to drive, I absoarb the gas, but they pay me at my labor rate for doing something that usually pays $6 an hour... I figure it works out in the end. Also, I get to know who I am working for BEFORE I start the work. I make it my business to know how they are going to pay for their car. I also discourage people from having me do work for them if they have to pay month to month... i.e. if they don't have the $50,000 -$60,000 sitting in the bank, they probably shouldn't be having a car built for that much. I don't short cut ANYTHING. I don't have this kind of money to spend on my own stuff, so I will do a spray can rebuild on a rear end and then put it in my car and see how long it will last. But for my customers, I'd never think of using ANYTHING used on their car. Although I have, and will continue to rebuild carbs, trannies, motors, rear ends etc. for my own cars, I refuse to do it for others. I farm these things out to people and companies that specialize in these things... it will cost the customer about the same, and they will get something with a warranty. That way if something does go wrong, we can get it replaced... AND, I will get paid for replacing that part. Following my plan for building cars has been very successful for me. Successful meaning that each person I have built a car for has been very satisfied with what I have done. The only thing I have had go wrong is with a Demon carb I put on a 500hp alum headed 460 in a Ranchero. The thing would stick at part throttle. Luckily, we caught this shortly after we go the thing running and were able to correct the problem before it hurt something... fast forward to three years later and I bought a Demon carb for the crate motor I'm putting into a '65 Chevy Truck I'm building... I pull it out of the box and it has the same problem! I guess I won't be using their carbs anymore! (I'm returning it today) Their carbs are super user friendly, but this just shows me that they have poor quality control... Anyways... the cars I build are also mild in comparison to the hot rods I build... basically resto jobs with modern upgrades. So I don't deal with things such as air bags... but if I did... I definately have the customer sign something that says that they are aware that this is a modification to the original design of the vehicle and that that type of work cannot carry an expressed or implied warranty... Sam.
I do web and computer side work...I have been lucky and have NOT ran into any problems. With my car it is another story though...I lost a friend when working on my car went sour...It is not worth it...I found someone I don't know to work on my car now! Also as the person doing the work here are things to be careful about if you are doing cash under the table type work...If you piss off the person that you are doing the work for they can easily sue you...turn you in for doing work without a license, tax issues etc...you may think people won't do it...but if you piss off the person bad enough who is to say what they will or will not do!
Good Stuff Guys, This particular situation it would not be a friend Just some one that has seen some of the things I've done. I keep the friend thing friendly. I've never had any problems with doing things for friends stuff because they're usually right there helping me or vise versa. This is why I asked this question..I've just never done anything for strangers before, except for my days as a technician, which is different too... BYC
I would advise you to video and photogrph each step of the process. As stated earlier, any one can sue for any thing. The most do***ented and believable story usually wins those dis=agreements. Jim
Up until about 15 yrs ago (I moved to the country) I did side work in my 2 car attached garage in Houston in a residential neighborhood, paint & all. Dr J and SamIyam are both right on the money, if that makes sense. I mostly did body work, fixed neighbors cars on the cheap so they would tolerate my activities, otherwise only did work for people I knew, or got to know well. For several years I did total restorations on 65-66 mustang convertibles, got hooked up with a couple of guys who would spend $10,000 to restore a car when they could buy a nice one for $8000 (this was early 80s). On restoration always got up front deposit, did monthly draws. Finally had one go sour, friend of friend went broke, left me with a half finished car that I stopped working on, had about $1000 worth of labor never got paid for. You just gotta be careful what you do and how you do it. I made as much at night & on weekends as I did on my regular job, was able to give my family things we could not otherwise afford. Now that my kids are raised & i dont need extra income I just work on my own stuff. Go for it, good luck.