My one owner 1971 Camaro went in for a total restoration July 1, 2016. At this point, I am fed up with the repair shop & want to pick it up & find a reputable place to finish it. The body parts have been painted, but no motor or transmission or interior. My question is how do I go about getting my car & all the scattered parts? Will I need to hire a lawyer to get my retainer $$ back? The shop owner continues to say “next month”. He’s been saying that for 2 years!! I would like to hear from someone who knows, or who has been through something like this. Also, I need recommendations about where to take it to be finished! This car was my 16th birthday present from my dad...

 

I have not been through this as I am a former mechanic, like most people on this site I am a DIY guy but I may be able to help.

Right now your car is under a mechanics lien. It will take a court to break that. You would need to prove that the amount of work that has been completed has less value then your retainer. On most camaro restorations the body and paint is the costly time consuming part of the job but that will depend on the condition of the car before you brought it in. If the body and suspension work are done and all the parts are ready to assemble there is only about 100 hour of professional work left to go.

So I guess I am saying there is no way to answer your question. Your car could be anywhere from 85% done to 50% done and that means there is a lot of value in the work done. It will be up to a judge to determine how much. If you think you are getting your painted body back and all your money think again. This type a lose for a small shop can put them out of business. Most Judges will want the mechanic paid for all work done (unless the work is defective) Late is not a defect.

Don't be emotional about it. Be calm and calculating that will make him more worried where raw emotion will be met with raw emotion. I know its tuff because you want and love the car but keep in mind the goal is getting the car done and on the road.

What I would recommend is to go to the shop owner and just say, its been two years, I am done, "I already talked to a lawyer and he suggested I talk to you before hiring him. I want my car and all the parts back, How do we make that happen." By rights he should be tracking the hours he or his employees have worked on the car and all the supplies and parts he has bought. He should be able to tell exactly what he needs to cover those cost. I will bet there is some margin in there so it could be negotiated but I doubt you will get him down more then 20 percent. Warning once you take this or any route move fast as you can. So if he comes back with I need 8K to let it go you say no way I am taking you to court. He will most like start charging storage per day on the car and he will not give it back until the court rules and its nothing for this to take 6 months. . When shops are pissed they will charge $50 per day storage or outside storage $100 per day for indoor. Do the math. You may want to just pay him get the car and Sue him to get the cash back.

The other thing he may do is start making you new promises. IMO what you should do is agree on a date and let him know you will start charging him a late fee, If he says he will have the car done on the 30th of May you say you want that in writing and every day after June 5th there is a $25 taken off the top of the bill. This is the way banks deal with lateness it is very legal and common in high end restoration agreements, Have him write it down and sign it. If this ends up in court the judge will respect what you did and doubt they would be able to charge any storage fees and you proved you gave the shop one last chance to make it right which happens a lot if a judge recommends mediation anyways.

This assume he is doing good work and has some good reviews.
Good luck.