Legal Question in Civil Litigation in Canada

freelance engine work

I recently was asked to work rebuilding an engine by the owner of a boat company. I told him I was not familar with the engine and could not warrenty the work, and the a dealer would have to be brought in for some of it. He agreed and ordered a new engine block and cylinder head and a head gaskets, etc. everything that was ordered was based on serial numbers given from the new block. I assembled the bottom end, placed the head gasket in place and the cylinder head. the dealer came in to torque down the head and complete the upper end installation. after 30 hours of running time, he had problems. the dealers return and pulled the cylinder head. they said the wrong gasket had been used and sold him a new cylinder head and a thicker gasket. now he says the engine is damaged and feels I am responsible for replacing the engine and any down time. all work was done in his boat shop. and all the prep and preparing of parts and surfaces was done by his employees. there was never a contract, and I made it clear on several occasions that I would not warrenty the work as I am not a business, just a private worker for higher. also according to the manuals provided by the owner the gaskets used were correct. does he have a case?


Asked on 11/16/07, 9:23 pm

1 Answer from Attorneys

Meldon Ellis Ellis Business Lawyers

Re: freelance engine work

Actually you did have a contract but it was not in writing. You contracted to to work on rebuilding the engine with the parts he ordered. It sounds to me that you fulfilled your end of the bargain. I do not see any against you.

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Answered on 11/17/07, 8:09 pm


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