What legal options do we have against a mechanic for delayed repairs?

Full question:

My husband is in the marine corp. We relocated to California in March of this year. We have a legal situation that we need advice on. My husband has a 1968 muscle car and he drives his muscle car to work everyday, but it has broken down on him a couple times. So he took it to a car care shop in Virgina Beach to repair it because the owner promises us the car would run like a champ after he finished the work. Before my husband took the car to the shop, his car was appraised at $19,000 in February 2009. The car was in the shop for more than a year. During the time the car was in the shop, someone hit the car from behind. The car got a big dent on the back; which the shop later repaired. In February 2009, the shop promised us several times that it would be ready by February 15, 2009. However, it was not ready until March 10, 2009. The worst thing is my husband couldn't drive the car out of the shop after we paid him $12,000 on it. Because he was unable to repair the car on time and lied to us about it, we reserved a 24' rental truck costing us more than $60 per day to wait around for the car be done for 2 weeks, also the hotels fees that added up to more than a thousand dollars. We then rented a trainer to tow the car to Kansas for my husband 's family to repair. It took the shop in Kansas one month and we paid the shop $13,000 to repair it. The car finally runs good, the mechanic in Kansas mentioned that he had to redo a lot of work that was done from the VA mechanic. We feel like we come out badly with the shop in Virginia. The car is fixed in Kansas, but we are running out of money to get it back to California because it will then cost us another thousand dollars. All my husband wants is to drive his muscle car before he is deployed to Iraq in August 2009. I just feel so bad for my husband because he might not come home from the coming deployment, he has been wounded 4 times in Iraq. Can you help and give us some advise on this matter?

• Category: Contracts
• Subcategory: Breach of Contract
• Date: 04/07/2025
• State: California

Answer:

Any claim you may have regarding the repairs will likely be governed by contract law. The terms of your contract with the mechanic will define your rights and obligations, as well as those of the mechanic. Review the contract carefully to understand your rights.

Contracts are legally enforceable agreements between two parties. They establish the terms of the agreement, outlining each party's duties. An oral contract, made through spoken words, can be enforced like a written agreement, but proving its existence and terms can be challenging. Written contracts typically allow for a longer time to sue for breach than oral contracts.

Contract law is governed by state statutes and common law, which varies by state. A breach occurs when one party fails to perform their contractual duties, causing the other party to suffer damages. Legal actions for breach of contract are civil cases aimed at compensating the injured party.

There are five basic remedies for breach of contract: money damages, restitution, rescission, reformation, and specific performance. Money damages compensate for financial losses caused by the breach. Restitution aims to restore the injured party to their position before the contract. Rescission cancels the contract, while reformation modifies it to correct inequities. Specific performance compels a party to fulfill their contractual obligations when monetary damages are insufficient.

Promissory estoppel may apply if one party relied on the promise of another, leading to unfairness if the promise is not enforced. This legal principle requires showing that reliance was reasonable and resulted in harm.

For your situation, consider consulting a lawyer who specializes in contract law to explore your options for pursuing a claim against the mechanic in Virginia.