Issues With a Local Gunsmith (Read 6355 times)

Grogidubnus

Issues With a Local Gunsmith
« on: June 11, 2021, 05:46:42 PM »
Has anyone else had problems with a well known local gunsmith? Problems along the lines of; taking years to complete simple projects, having every excuse in the book readily available when you ask him the status of your item. Not responding to texts even though you know he's seen them, etc...
Just curious if I'm the only one that this person does this to, or if it's a trend. He hasn't responded to my texts since January, though he's still active on Facebook.
Weighing my options at this point.

RSN172

Re: Issues With a Local Gunsmith
« Reply #1 on: June 11, 2021, 06:02:35 PM »
I would ask someone working on my gun how long? If more than a month, I would go somewhere else.  If not completed in their projected time frame, plus a grace period of one week, I would take my gun back.
Happily living in Puna

ren

Re: Issues With a Local Gunsmith
« Reply #2 on: June 11, 2021, 06:54:18 PM »
who is this?
Deeds Not Words

Flapp_Jackson

))
« Reply #3 on: June 11, 2021, 07:27:23 PM »
This could be complicated.  Without more details on the work to be done, parts needed, deposits paid and estimated cost, it's tough to say what options would be best at this point.

Since he's not communicating, I'd show up at his shop and talk to him.  Sometimes that's all it takes.  Phone calls, messages and texts are too passive after so much time has passed.  You need to be more active in getting answers.

If you see that he has the item, then you have options.  If he can't produce it and won't replace it, then file a police report.  You may have to sue him to get paid what you are out.

If he still has the item, you can take it elsewhere.  If he demands payment for the work already done, only pay for the work completed & parts, not the full job.

If your second gunsmith charges more for the same work the first guy failed to do, you have the option of asking the first one to pay you the difference.  He had a contract to do X for  Y dollars.  If he can't deliver, then you have to right to let someone else do the job and charge the first gunsmith for the extra amount he caused you to pay.  Nondelivery doesn't eliminate responsibility on the part of the service provider.

I'm not a lawyer, and sometimes it's better to not kick the dog when he's down.  But, you have rights as a consumer, and if the gunsmith refuses to make things right, you have the option of suing him.  Depends on the amount of damages involved and how willing you are to pursue the issue.



« Last Edit: June 11, 2021, 07:45:29 PM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

ren

Re: Issues With a Local Gunsmith
« Reply #4 on: June 11, 2021, 07:57:22 PM »
Most local smiths that I've heard about revolve around ego. I was told that if I wanted so-and-so to work on my gun I'd have to be patient. They were national level shooters etc. They are well-known in the community etc. - so you have to be patient. Fine. I send it to the mainland to other national level shooters/smiths and get it back before I get put on any kind of local smiths' list.

Sent my stuff to:
Salyer for 1911 work
John Holliger - White Oak Armament
Frank White - Compass Lake Engineering
Steve - ADCO firearms
John Scandale - Keystone (good work but I wouldn't do a repeat)
Dean's Guns (M1 rebuild, the best but he passed away :( )

I try to buy local but when I get an attitude where my money isn't good enough for them then of course I'll send it to someone who wants my money. Besides, the list of smiths mentioned above are mechanical engineers and trained machinists who have worked on bigger things than firearms. They also happen to be active shooters and applied their trade to the shooting sports.
There are some machine shops here that can perform the work of smiths and are much better equipped to do so.
« Last Edit: June 11, 2021, 08:03:12 PM by ren »
Deeds Not Words

omnigun

Re: Issues With a Local Gunsmith
« Reply #5 on: June 11, 2021, 08:07:37 PM »
Hard to tell without knowing who that is if anyone has similar stories, but also its not that good to put the guy on a spotlight and potentially unable to defend himself. 

Grogidubnus

Re: Issues With a Local Gunsmith
« Reply #6 on: June 16, 2021, 08:39:54 AM »
Hard to tell without knowing who that is if anyone has similar stories, but also its not that good to put the guy on a spotlight and potentially unable to defend himself.

That's why I haven't named names.

Heavies

Re: Issues With a Local Gunsmith
« Reply #7 on: June 18, 2021, 05:47:53 AM »
Without naming names, I've had a local smith do some excellent work for me, a couple of jobs.  Turn around wasn't super quick, but reasonable.   However,  when I recommended him to an acquaintance for a pretty simple installation job, he gave him the run around and never ended up completing the work. 

In his defense, the guy is a one man operation, and isn't his full time occupation. It's two full time jobs, and sometimes family or primary job takes presidence.

Seems like the problem lies not on his work and skill, but in his communication and prioritization skills. 

I'd still recommend him to people,  but just have to give the warning, he might take a long while to have the work completed.   I didn't rush him, I just kept up good communication and friendly relation till the work was completed.   

drck1000

Re: Issues With a Local Gunsmith
« Reply #8 on: June 18, 2021, 09:48:52 AM »
Without naming names, I've had a local smith do some excellent work for me, a couple of jobs.  Turn around wasn't super quick, but reasonable.   However,  when I recommended him to an acquaintance for a pretty simple installation job, he gave him the run around and never ended up completing the work. 

In his defense, the guy is a one man operation, and isn't his full time occupation. It's two full time jobs, and sometimes family or primary job takes presidence.

Seems like the problem lies not on his work and skill, but in his communication and prioritization skills. 

I'd still recommend him to people,  but just have to give the warning, he might take a long while to have the work completed.   I didn't rush him, I just kept up good communication and friendly relation till the work was completed.
From the description, I've gone to that same guy dozens of times.  Same/similar experience.  That said, all of the work I wanted was on a "when can timeline".  However, I got responses pretty fast on "how things are going" type inquiries.  If I had a timeline, he got the work done in the time I requested.  I recommend him to people as well, but also with context of timing. 

I've given him stuff ranging from so simple I could do, but would take me a long time and I'd be afraid to f$%k it up, to this is some serious stuff and have an expert do it.  Always happy with the work.  That said, communication goes both ways.  I've heard some pretty unreasonable expectations that people have as "customers".  Not in this specific case, but in general. 

changemyoil66

Re: Issues With a Local Gunsmith
« Reply #9 on: June 18, 2021, 09:54:58 AM »
From the description, I've gone to that same guy dozens of times.  Same/similar experience.  That said, all of the work I wanted was on a "when can timeline".  However, I got responses pretty fast on "how things are going" type inquiries.  If I had a timeline, he got the work done in the time I requested.  I recommend him to people as well, but also with context of timing. 

I've given him stuff ranging from so simple I could do, but would take me a long time and I'd be afraid to f$%k it up, to this is some serious stuff and have an expert do it.  Always happy with the work.  That said, communication goes both ways.  I've heard some pretty unreasonable expectations that people have as "customers".  Not in this specific case, but in general.

IMO, there is nothing wrong with taking long to do something as long as it's told up front.  Of course there is wiggle room if something is a little longer than the ETA.  But most importantly is communication.  A prompt response is key.

I've had an issue with doing something.  ETA was 3 weeks, which is fine.  But no comms and I waited 4.  Then finally got a reply and need 1 more week. That came and went and I gave an additional week b4 following up.  No comms back. Then ETA was another few weeks. So in the end it went from 3 weeks to 12 and very little comms, which was the part that upset us the most.  If you need 12 weeks, just LMK its fine.  But don't quote me 3 and then it takes 4x the amount of time.  That's why I gave it 1 more week each time.

And the work was fucked up. 

drck1000

Re: Issues With a Local Gunsmith
« Reply #10 on: June 18, 2021, 10:07:14 AM »
IMO, there is nothing wrong with taking long to do something as long as it's told up front.  Of course there is wiggle room if something is a little longer than the ETA.  But most importantly is communication.  A prompt response is key.

I've had an issue with doing something.  ETA was 3 weeks, which is fine.  But no comms and I waited 4.  Then finally got a reply and need 1 more week. That came and went and I gave an additional week b4 following up.  No comms back. Then ETA was another few weeks. So in the end it went from 3 weeks to 12 and very little comms, which was the part that upset us the most.  If you need 12 weeks, just LMK its fine.  But don't quote me 3 and then it takes 4x the amount of time.  That's why I gave it 1 more week each time.

And the work was fucked up.
Yeah, I have no problem waiting a bit longer for quality work and timeline, or at least general expectations for the timeline, noted up front (like you said).  Stuff happens, and like Heavies' example, I understand context of that person's life commitments.  I'm not saying everyone should be ok with it, but just sharing my personal perspective.  Comms and prompt response is key for me as well. 

The story you shared wouldn't have sat well with me if no good reason given. 

A different topic, but "the work was fucked up" is another.  I've had work that didn't come out right and one where even I think we couldn't rule out "user error".  In any case, I was going to have the smith "try again", but he offer to split difference on me for the cost of the new part.  That really impressed me.  That was still early on in the timeline of the work I've had him do, which really impressed me.  He does great work and I can tell he really puts his heart into it.  To the point where things that I would totally be ok with, he'll want to make it just right. 

TastesLikeMetal

Re: Issues With a Local Gunsmith
« Reply #11 on: June 20, 2021, 12:33:58 PM »
taking years to complete simple projects

What took years to complete?  That time frame seems improbable unless it's a full custom job including initial disclosed wait time.

Flapp_Jackson

Re: Issues With a Local Gunsmith
« Reply #12 on: June 20, 2021, 12:48:43 PM »
What took years to complete?  That time frame seems improbable unless it's a full custom job including initial disclosed wait time.

I have a friend who waited almost 2 years for a rifle stock repair.  The excuses were like "I didn't like that color stain after a few coats," "the finish came out too glossy," "it didn't really turn out as good as it should have," and so on.  He said he had to strip the finish and start over time after time.

The repair was simple.  The stock split when the owner had the rifle slip out of his had transitioning to the safe.  It hit the floor from a couple of inches above the floor and split.  Must have hit right on a weak spot.  Stripping the finish and gluing the stock would have not taken long.  It was all the "waiting on the supplier to send the stain," "have to start over" stuff that seemed like a forever loop.

He eventually got it back, but after almost 2 years, he didn't experience the same joy of having his stock back on the rifle as he would have after a couple of months.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Grogidubnus

Re: Issues With a Local Gunsmith
« Reply #13 on: July 03, 2021, 02:05:05 PM »
Yeah, this was a simple build, and I provided the lower and custom muzzle brake for it. It was in conjunction with some custom work on my Glock as well. The Glock work was finished, but he lost my aftermarket barrel for it. (Supposedly misplaced my custom muzzle brake too) He claims it's at one location or another, and he has to dig through all his stuff from when he moved his shop.
It's been well over 2 years now. I've gotten nothing but excuse after excuse from him when he's responded. I've had him do more than a few custom projects for me in the past, it's always taken far longer than he originally claims it will take, but I've always been happy with his work. This however, I'm beyond words.
At this point, I'm getting ready to escalate it to litigation.

Flapp_Jackson

Re: Issues With a Local Gunsmith
« Reply #14 on: July 03, 2021, 04:02:53 PM »
Yeah, this was a simple build, and I provided the lower and custom muzzle brake for it. It was in conjunction with some custom work on my Glock as well. The Glock work was finished, but he lost my aftermarket barrel for it. (Supposedly misplaced my custom muzzle brake too) He claims it's at one location or another, and he has to dig through all his stuff from when he moved his shop.
It's been well over 2 years now. I've gotten nothing but excuse after excuse from him when he's responded. I've had him do more than a few custom projects for me in the past, it's always taken far longer than he originally claims it will take, but I've always been happy with his work. This however, I'm beyond words.
At this point, I'm getting ready to escalate it to litigation.

Like I said before, best idea I have is to just show up at his shop and ask for all the parts back.  Document the visit and what he tells you.  That's going to help IF you have to sue him.

You want to make sure he can't claim the parts were abandoned.  Save all the emails you sent -- even the ones with no reply.  That shows you were still trying to get the work done, and also that he chose not to respond.  He had the opportunity to reply to your emails if he disagreed with the content.  Silence is acceptance.

The filing fee is $35 to file a small claims civil case at the courthouse.  The case will be scheduled within 30 days.  If you win, you get your filing fee paid by the defendant.  If I remember, there's not much to the form to fill out.  No need to attach any evidence or documentation to the form.  Save that for the trial.

You also need to serve notice to the defendant via "certified mail restricted delivery, in person or on a resident of the defendant’s home, by a civil process server, by any person who is not a party to the case and is over the age of 17, or by the plaintiff with a witness."  Notice is just a copy of the court case filing with the court date.  It costs about $16 to use USPS to send a certified letter with signature verification.  The signed form you receive back is your proof that notice of the trial was received -- in case he doesn't show up.  Notice can also be served in person as stated above.  There are forms you'll be provided that can be certified by the servers proving notice was given.  Any costs to serve notice are also something the defendant will be paying if he loses.

Make sure you have actual, original receipts for everything.  Pictures of the parts would be great, but more than likely stock photos from online are better than nothing.  That way, you can show whether any parts he brings to court match what you gave him.  If all was in new condition when you took it in, make sure to state that.  Otherwise, you might get used parts or depreciated value instead.

On top of proving what you spent on the parts, you should also get a current list of prices for the parts at today's replacement cost, plus an estimate from another gun shop/gunsmith on what they will charge to complete the work.

In most cases, if the new shop charges more, the judge can order the original shop to pay you the difference.  If you contracted to do the job for $100, and you wind up getting it done elsewhere for $200, it's on the first guy to make it so you only pay $100 -- as originally agreed.

Any attorney's fees for lawyers you hire are normally not reimbursable in small claims.  The process is so easy, most people can do their own research and paperwork with no problem.  They have clerks in the courthouse to help answer questions about the process or paperwork.

Good luck!
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: Issues With a Local Gunsmith
« Reply #15 on: July 03, 2021, 04:04:05 PM »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

RSN172

Re: Issues With a Local Gunsmith
« Reply #16 on: July 03, 2021, 05:00:02 PM »
Small Claims Questions and Answers

https://www.courts.state.hi.us/self-help/small_claims_info
Small claims court is as close to worthless as you can get.  Small claims judgements, if ignored by the defendant,  are not enforced by the courts. I went through that bullshit in the 90's with a tenant who owed me one month's rent.  Despite being subpoenaed, she never showed up for the court hearing and apparently the judge did not have the power to issue a contempt of court arrest warrant. I also told that despite winning the judgement, the court could not enforce it if it was ignored and I would have to file a suit in District Court, which has the force of law. 
Happily living in Puna

Flapp_Jackson

Re: Issues With a Local Gunsmith
« Reply #17 on: July 03, 2021, 05:17:44 PM »
Small claims court is as close to worthless as you can get.  Small claims judgements, if ignored by the defendant,  are not enforced by the courts. I went through that bullshit in the 90's with a tenant who owed me one month's rent.  Despite being subpoenaed, she never showed up for the court hearing and apparently the judge did not have the power to issue a contempt of court arrest warrant. I also told that despite winning the judgement, the court could not enforce it if it was ignored and I would have to file a suit in District Court, which has the force of law.

You have the option to file for garnishment of wages.  You also have the option of placing a lien on their property, such as cars and trucks.

Just need to do something before the statute of limitations expires, which I think is 5 years in Hawaii.

Once the 5 years elapses, if you haven't made an effort to collect, the debt can't be collected (with some exceptions).

Garnishing wages or a lien on their car will outlast the 5 year statute if you are still owed the money.
« Last Edit: July 04, 2021, 12:06:26 AM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

RSN172

Re: Issues With a Local Gunsmith
« Reply #18 on: July 03, 2021, 10:28:18 PM »
You have the option to file for garnishment of wages.  You also have the option of placing a lien on their property, such as cars and trucks.

Just need to do something before the statute of limitations expires, which I think is 5 years in Hawaii.

Once the 5 years elapses, if you haven't made an effort to collet, the debt can't be collected (with some exceptions).
Not in small claims court. Like I mentioned earlier, you have to take your case to a higher level court that has real power of enforcement. The time and effort to do so was not worth the $1000 rent that was owed me when I making over $300 or more a day trimming trees back then.

Happily living in Puna

Flapp_Jackson

Re: Issues With a Local Gunsmith
« Reply #19 on: July 04, 2021, 12:28:30 AM »
Not in small claims court. Like I mentioned earlier, you have to take your case to a higher level court that has real power of enforcement. The time and effort to do so was not worth the $1000 rent that was owed me when I making over $300 or more a day trimming trees back then.

I sued for my $500 deductible when a woman with no insurance totaled my 2002 Toyota Tundra that was parked on the roadside.

You can garnish wages & bank accounts, and file judgement liens under small claims.  You're correct if you're saying the court won't go after the debtor for you, but you have the means to do so with forms and assistance from the court.  There will be a hearing if you want to garnish wages or accounts. 

I did some more digging, and I found conflicting info as to whether Hawaii law allows a judgement lien on personal property, such as cars.  One site said Hawaii only lets you put judgement liens on real estate.  Best to ask the clerks.

Quote
If the plaintiff wins, the judgment must be prepared in written form and filed with the court.
Methods to collect judgments are governed by state and federal laws. The court cannot act
as a collection agency; however, the plaintiff, with the help of court forms for collection
proceedings, can garnish a defendant’s wages and/or bank accounts to collect the judgment.

https://www.courts.state.hi.us/self-help/small_claims_info

https://www.courts.state.hi.us/docs/form/hawaii/3CE153.pdf
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw