Mechanical negligence?

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Platinumfridge

Original Poster:

534 posts

187 months

Thursday 22nd August 2019
quotequote all
Hi,

I'll post this here as there's a legal element to it...

I had a motor-sport focused forged engine built from scratch by someone in England (I live in Scotland), and the engine has failed. It was built 2017 in to 2018, and failed in 2018.
After spending the excessive amount money I did, I haven't been interested in it until now due to other more important things going on since then (pregnancies, miscarriages, birth of new healthy babies, new jobs, life in general).

The head gasket failed after around 100 miles, maybe even less.
The car / engine is currently with a more reputable engine builder and his findings are:

First engine builder installed a head gasket which was the wrong size (bore size), which I have an invoice for stating the correct size head gasket. Should have been 87.5mm as per my order/invoice to match the bore size, but he installed 86mm head gasket.

The pistons sit proud of the block.

The piston has been hitting the overhanging head gasket and caused enough vibration to loosen the head studs - hence the gasket failure, and why they were loose during the stripping of the engine.

The bottom end bearings are absolutely shot!! After approx 100 miles or so!!! They look as though they have came out of an engine that has done 30K HARD miles.

The forged pistons are ruined due there being a sharp edge at the rim of the piston from hitting the gasket.

The head gasket is knackered from the piston hitting the bottom of it.

The piston skirts are scuffed, as well as the ring-lands.

The bores are scuffed.

Has anyone had any experiences in dealing with such a catastrophe, poor workmanship and general negligence?
My solicitor is working on it now and has instructed me to do a few things while he works on it in the mean time.

Engineering reports are being attained also, but just wanted to ask in case someone else has something worth considering?

Thanks in advance.

Edited by Platinumfridge on Thursday 22 August 16:06

donkmeister

7,998 posts

99 months

Thursday 22nd August 2019
quotequote all
No direct experience fortunately, but you reminded me of a thread on here where someone had a Ford tranny built incorrectly and had it fixed elsewhere... there might be some points in there that could help.

Thread here.

Sounds like they really stuffed up your build, good luck in getting a satisfactory outcome.

Edit: the 4L80 is a GM transmission, not Ford. I'll hand in my PH card on the way out...

Edited by donkmeister on Thursday 22 August 23:35

T70RPM

475 posts

235 months

Saturday 24th August 2019
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From an experience view...NOT LEGAL.
I'm in the racing engine business. I've been in business for 23 years. I have never been taken to court, but I have been an expert witness under duress, it can happen when you take engines apart and people get upset at what you find they've bought!
Some general solicitors will cock this up for you in my experience. I have actually witnessed a conversation whereby a barrister on the day suggested the claimant sued his instructing solicitor....!
I always suggest the following to folks who find themselves in your position:
1)You should take the engine back to the original supplier to get the issues checked and give him the opportunity to put any agreed issues right.
2) If you haven't done that, expect the above item (1) to become a major issue in court.
3) Employ an experienced consultant engineer who specialises in engine failures. Especially good if he is a member of the society of expert witnesses. Also, listen to his advice as to how this sort of claim might go. Usually, they work for the trade; their insite could be invaluable in saving you a lot of wasted cost and time.
4) Go back and look at (1) again one last time. It's where most people fail in court.

In a nutshell, take it back to the supplier giving him a list of the issues and ask for him to put it right free of charge. If you haven't given him the opportunity to put it right, or he has offered but you have refused, expect an expensive day out in court.

I hope this helps, by all means take other advice!

Edited for spelling










Edited by T70RPM on Saturday 24th August 15:05


Edited by T70RPM on Saturday 24th August 15:06

Olivera

7,068 posts

238 months

Saturday 24th August 2019
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What kind of engine?

And were they 100 race or road miles? The former is going to make for a tougher argument.

mattyc69

330 posts

151 months

Saturday 24th August 2019
quotequote all
Olivera said:
What kind of engine?

And were they 100 race or road miles? The former is going to make for a tougher argument.
“A forged motorsport focused engine”

The clue is there it should last more than 100 race miles!!!

anonymous-user

53 months

Saturday 24th August 2019
quotequote all
What did they say when you contacted them?

Edited by Thesprucegoose on Sunday 25th August 11:56