@Lou

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What you are ignoring is that after the work is done, it took alot more labor than originally expected yet the owner still expects to pay the original estimated amount.

So if the mechanic decides to add things that weren't originally requested, why would the customer have to pay for that? Especially if he still fails to add some of the requested things...

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Now, by law, the mechanic has a mechanic's lein on the car.

Does that also apply to (non-US) software companies?


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The original owner's promise to pay "2 meeellleon dollars" with is pinky next to the left most edge of his lip as he hits the send button on an email to the mechanic does not mean he will pay and the mechanic will not release the car until the money is really on the mechanic's desk.

So it's better to just say that "sorry, we don't believe you will pay, so we will do no business with you" rather than "OK, let's see the money first..."

@Lou

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What you are ignoring is that after the work is done, it took alot more labor than originally expected yet the owner still expects to pay the original estimated amount.

Ah, yes, I forgot. The mechanic has been using the car as his personal plaything, unilaterally deciding that lots of work that was never requested and wasn't necessary needs doing. So instead of doing the agreed upon work for the agreed upon money, the mechanic has hot-rodded the car beyond recognition, adding lots of nifty (in the mechanic's opinion) little extras and has been dragging the poor car around the car shows to show of his workmanship. Meanwhile, the agreed upon work remains undone.

A "mechanic's lein" is great, but it only comes into existence due to work which was asked for. And if a contract exists that spells out the work and sets a fixed price for that work, the lein cannot ever be in excess of that fixed price, except when mutually agreed.

I mean, think about it --- if some mechanic walked up to a car parked in the street and replaced an engine, would the owner be liable to pay for that engine replacement? Would the mechanic have any rights to the car (other than the right to be sued to kingdom come for messing with it, that is)?

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The original owner can sell the title to the car to whomever he wants,

That's a bit of a change of opinion on your part....

Last edited by umisef on 02-Feb-2008 at 01:21 AM.