What to do when a luthier doesn't deliver?

[Rhcole]

It's OK in my mind to ask somebody to deliver what they promised. I am often very understanding when a schedule slips from somebody provided that it doesn't create big problems for me. But your situation seems based on what you are saying that you are being blown off when you've done nothing wrong.

That isn't art, that's discourtesy.

[AlakaLazlo]

I'm sorry to be blunt, but you need to contact a California attorney asap.  There is a 4 year statute of limitations in California on claims of breach of written contract; and only 2 years for breach of an oral contract.  The fact that he took more money form you recently may save you, but if you let the limitations period run, you have no legal recourse.  Do NOT take legal advice from people on the internet. They usually mean well, but 99% of the advice you get is wrong for one reason or another. (No disrespect intended to anyone who posted here.) Talk to an attorney!

[Rhcole]

As I suggested earlier, I have a trusted contact for a CA attorney. He is a corporate and securities law specialist.
...also a great jazz drummer, FWIW.

Drop me a note if you want.

[Vaultnaemsae]

Hi and thanks for all the comments. There's a lot to respond to if I were to answer each post individually and you all have very good points and/or useful ideas. Believe me, I'm kicking myself for some of the decisions I made in 2013, but when I first ordered that guitar my life circumstances were quite different to how they are now. Every delay in production has represented extra cost to me which has become a burden.

I can say that I've spoken to a local lawyer already who has collected and assembled some useful information about the builder indicating that he is alive and his business is in operation. How I'll proceed is as yet undecided on my part. I have to consider the various costs of the proceedings vs the actual value of the guitar and my investment up to this point.

I think what I had really hoped for by posting this story was that maybe somebody would offer some information about the builder and their dealings with him. I thought if any readers were in the same boat or if they knew somebody else who was that the ID of the builder would be obvious. Either that or perhaps that the 'flames' from the thread might prompt the builder to address the issue personally. I am still in a huge hole regarding verifiable information on the instrument due to the fact that I can only go on what the builder has relayed to me via numerous emails and a single long phone call. The photographs I've received do not tell much of a story.

Regarding the question on why I would trust this guy -- I had spoken to two people who played his guitars in the past but neither had exactly 'regular' customer relations with him as they are high profile players and both located in the USA; not just a pleb Aussie fusion addict like me. One is now deceased, the other had not purchased the guitar directly from the builder. Both vouched for the quality of the builder's work; one encouraged me to wait it out as he was certain the guitar would appear eventually.

There was only a reader who contacted me personally and from our discussions we determined that he had work done by this luthier on his guitars in the past when he lived in Monterey. He had nothing bad to say about the guy and in fact complimented his work. But he did say that the luthier in question was S...L...O...W! Not new info.

I'm still hoping that perhaps the luthier is actually working on the guitar and that there will be some imminent contact prior to me having to commence any legal proceedings against the guy. He has been very personable and helpful in his actual communications. He just disappears for long periods and often. Maybe he was really just having a bad patch? God only knows.

However, the fact remains, no matter how bad things may get for an individual, it pays to keep your customers in the loop and the questioning of your professional reliability out of the forums.

I'll certainly update this post should I have any further information that would be useful to the community.

Thanks All!

[Vaultnaemsae]

Update: Since Saturday the builder has contacted me several times - I don't think he was prompted by the gearpage post. He seems to be making progress and even sent a picture with a promise of more to come today/tomorrow. He actually gave some pretty reasonable explanations as to his current delays and appears to be making amends.

Over the weekend I was in communication with two guys who own guitars built by him - both reported that he can be difficult with his constant delays but worth the wait for great instruments.

I have no intention of seeking to have this thread deleted as I think it should be out there for others to help them make good decisions about the builder they choose. I hope that in the near future I can report about the finalization of the instrument. Thanks for the support, information and good advice thus far.

[alexmcginness]

Over the weekend I was in communication with two guys who own guitars built by him - both reported that he can be difficult with his constant delays but worth the wait for great instruments.

And there it is. I waited 7 years for mine. Well worth the wait from a great builder.

[vtgearhead]

I have no intention of seeking to have this thread deleted as I think it should be out there for others to help them make good decisions about the builder they choose. I hope that in the near future I can report about the finalization of the instrument. Thanks for the support, information and good advice thus far.

Best of luck, but with this guy's track record I personally wouldn't relax until the instrument was in my hands.  My life experience has shown deadbeats and BS artists (or those who act like them) to be expert at periodic smoothing of the waters and to ALWAYS have reasonable sounding explanations for their behavior.  But, ultimately you must decide on your own comfort level.  I just know I would never have let this run out even half as far as what you've tolerated.

[chrish]

In situations like this I always look upon Rock lyrics for inspiration because I believe that a lot of philosophy can be drawn from that genre.

Here are some lyrics that I reference quite often from Dave Matthews.

" Forget about the reasons for the treasons you are seeking,
Forget about the notion that our emotions can be kept at bay,
Forget about being guilty we are innocent instead,
For soon our lives will all be swept away"

[Vaultnaemsae]

Is that the sound of one hand clapping I can hear??

[Vaultnaemsae]

Hi forumites,

I'm please to inform you that the luthier I posted about originally has finally delivered the guitar I had been so worried about. It took close to 5 years but it's in my hands now. I'm very happy with the guitar and certainly can't fault the craftsmanship or the tone/resonant quality it embodies. Honestly, I still don't understand exactly why it took so long but the builder showed himself to be a decent fellow in our exchanges surrounding the final payments and delivery of the instrument. It was a pretty hot topic for a while there but I'm glad I can finally lay it to rest and get down to playing some music on a really fine instrument now. Thanks for all the input everybody gave along the way.

Cheers,
Luke

[CodeSmart]

Ahhh...great.
A pic please 

[alexmcginness]

Hi forumites,

I'm please to inform you that the luthier I posted about originally has finally delivered the guitar I had been so worried about. It took close to 5 years but it's in my hands now. I'm very happy with the guitar and certainly can't fault the craftsmanship or the tone/resonant quality it embodies. Honestly, I still don't understand exactly why it took so long but the builder showed himself to be a decent fellow in our exchanges surrounding the final payments and delivery of the instrument. It was a pretty hot topic for a while there but I'm glad I can finally lay it to rest and get down to playing some music on a really fine instrument now. Thanks for all the input everybody gave along the way.

Cheers,
Luke

I waited 7 years for mine. It was well worth the wait. If you want guitars that are built fast. Buy a Gibson.

[HecticArt]

I'm glad that you finally got it worked out!
Also glad to hear that you love the guitar.

It sounds like your luthier is skilled in the shop, but not so much in the office. If he was better at managing client expectations, you only would have been anxious to get the guitar, not fearful that you wouldn't.

Congrats, and yes, PICTURES!

[chrish]

I'm glad that you finally got it worked out!
Also glad to hear that you love the guitar.

It sounds like your luthier is skilled in the shop, but not so much in the office. If he was better at managing client expectations, you only would have been anxious to get the guitar, not fearful that you wouldn't.

Congrats, and yes, PICTURES!

yes that's a great point.

If a person is not great with customer relations, it might be better to build guitars on speculation and say here it is, want to buy it.

[Rhcole]

Glad it all worked out and that you are happy.

Your patience for the creative temperament is greater than mine. I can't imagine waiting years for a guitar, but then I'm so old now that delayed gratification for ANYTHING no longer seems like a very good idea... 

[Vaultnaemsae]

Here a few quick pics...

[HAMERMAN409]

Wow - it does look like it was worth the wait!

If you had described a headless SG to me I wouldn't think it would "work" visually speaking but kudos for having the vision because that's bad ass.

[admin]

Here a few quick pics...

Nice looking guitar!

[whippinpost91850]

If it plays and sounds as good as it looks, kudoes to the builder

[aliensporebomb]

Well that's just lovely.  5 years?  Was it worth the wait?

[Vaultnaemsae]

A very tough question...But I'm gonna say it was worth the wait. Anyone who knows me knows how much its arrival means.

I look forward to sharing some recordings soon!