[grendel]

Just an update to this thread, more than a year after I brought it home: I thought some of you should know what sort of businessman you could potentially work with. This will be 3 posts, since there are character limits per post.

Since Scott would not respond here or any suitable response for that matter, I filed in small claims court here in NH. Max was 7500, so I went for that. Scott hired an attorney here (it would probably leave small claims here) and I thought it wise to cancel and move to KS, which I did.

I filed with a decent attorney there, for 25K, thinking that Scott would finally come to some sort of arbitration; we’d settle and get on with our lives.
I filed:
BREACH OF CONTRACT – I felt that he did not build this as if it were his own, nor did the car pass any inspection (NH safety inspection, NHRA etc) due to the improperly installed quarter panels
BREACH OF IMPLIED DUTY – We felt that he had a duty to build my car to be safe and as described.
NEGLIGENCE – Reducing the structural integrity of the shell but cutting the mating flanges off the quarter to wheel tub, when he knew the car would be raced, cutting the mounting areas where the cage mounts in the rear. He also requested that some pics of work he sent not be shared, stating the work would be finished but never was, spelling and grammar his:

“I couldn't fit the bent rails in w/o taking a bunch of room from the seat compartment.I desided to go the same route as David Pozzi did w/Art M. IRS install. This way will give more rear clearance room which I think is what you want. These are roughed in so don't put them on lat-g. When I get everything closed in and ground smooth it will look better I think.I have a couple hours left on the filler pcs and Left hand side then I put the IRS in and start building mount's. This turning out to be quite a job. When you move one thing it change's something else. “

My attorney thought these applied:
CONVERSION
DECEPTIVE PRACTICES UNDER THE KCPA.

Instead, he countered for 225K and a DEMAND FOR JURY TRIAL. According to a conversation with my attorney, he was able to procure a family sort of discount with Mark Emert of FAGAN EMERT & DAVIS, L.L.C.
He filed:

BREACH OF CONTRACT
UNJUST ENRICHMENT
DEFAMATION
INVASION OF PRIVACY
FACTS COMMON TO ALL CLAIMS
In 2014, Mock was contacted by Plaintiff who was seeking modification of a
Chevrolet Camaro. Plaintiff initially sought services from Mock that extended beyond what Mock was willing to perform. "

He claims that I sought stuff that he couldn’t do, yet he was posted in my thread about how awesome it was and that he would do it as if it were his own. (Paraphrased). Bluntly, if he couldn’t do it, tell me and I move on. I have no email saying I can’t/won’t do that.

”During the course of negotiating the services Mock was willing to perform, Mock
specifically expressed the limitations of Mock’s work and the course in which the outcome of the
agreed services and provision of materials could be achieved. In response, Jacott expressed using
parts that Mock did not believe were functional and/or implementing modification processes that
Mock was not willing to perform."

I am happy to give anyone the emails, with time stamps and server hashes… he never said he couldn’t do anything. Here’s some quotes for you, all spelling and grammar his:

“Heres what art Morrison did to put a gen 5 Camaro rear in a 73 Camaro.They narrowed the WMS to 57.5.I think it could be done using the GM cradle. I would say about 60hrs labor to do a real nice job.”
“I don't any thing about IRS suspensions and their geometry. I could mount the stock GM unit in the Camaro keeping everything the way GM designed it.But wouldn't want to do one from scratch. I would probably need about 3500.00 Labor and materials to do the install,using the stock GM unit.”

This is what we agreed to do in the rear. Install a unit as GM designed it. I added DSE control arms later when the rear tires he specified would not fit. He actually sent the car back with the front rims/tires on the back.

“Upon delivery of Plaintiff’s vehicle by Plaintiff, Mock learned that Plaintiff had failed
to present the vehicle in the agreed condition. In fact, Plaintiff brought the vehicle to Mock’s place
of business on a trailer and proceeded to drive the car off the trailer, evidencing that neither the engine or transmission systems had been removed.

This is accurate. We agreed that I would remove the engine and transmission. I didn’t get time to do it before I brought the car out. If you look at his labor invoice, he charged 800.00 for “disassemble camaro” that, as we agreed, would be more work.

Mock expressed his objection to performance of any services that were outside the scope of the parties’ original agreement or which Mock believed would not permit the vehicle to operate as intended.


I would really love to see any email or post saying this… why do something he could not do?

Plaintiff thereafter convinced Mock to perform additional services to modification of the vehicle – including dismount and removal of the engine assembly – in exchange for payment of additional costs of labor and any materials necessary.

I am still trying to figure out why/how this is an issue? He got paid 800.00 to take apart the car. We agreed he would install the quarters to fit the car, which also included the IRS in a stock configuration. Maybe his attorney was trying to use this to keep the $1,000 Scott received when he sold my engine, transmission and assorted parts, money that he was supposed to send to me?

Over the course of the parties’ relationship from the date the Plaintiff’s vehicle was dropped off through the date of filing this suit, Plaintiff has repeatedly demanded changes to the terms of the parties’ original agreement and any subsequent modifications thereof.

This is interesting to me. “Demand”. Supposedly, we worked together on the ideas, interactively. He also got paid when the scope changed, more on this later.

Subsequent modifications to the vehicle in accordance with Plaintiff’s design
required additional services to be performed and materials to be provided. Mock agreed to purchase some of the necessary materials and would then invoice Plaintiff for the costs actually paid by Mock for the same, thereby passing along to Plaintiff any discounts Mock received.

This is accurate, we agreed that he could procure some parts from Ride Tech, DSE etc. He stated what the prices were in Nov. I agreed and paid for them. The prices changed, BTW. He charged me more for items:
Email from Friday, Nov14:
“Tiger cage $1875.00,Road race bars $700.00,Harness bar $235.00,Shipping $200.00,triple coil overs $1975.00,Trunnions$40.00,Moog tie rod ends $70.00,C-6 rear hubs $316.00,America auto wire w/ shipping $510.00,Vintage air w/shipping $785.00,1/4 panels & trunk drop off's w/mo sale tax $ 824.60,DSE wiper,firewal plate,bushing w/Shipping $785.00,media blast $800.00. As of next week I will have spent $9130.00 of your money.esimate on labor sub frame w/bent rails $5650.00,sub frame connectors $450.00, Trans tunnel rework $430.00,Firewall smooth$250.00-300.00,Totally disassemble running Camaro $800.00,Tiger cage install $450.00,ZL1 rear hub machine $150.00,1/4 panel & trunk drop off in stall $2080.00,Brake booster & column mounts $95.00,Wiper motor install $520.00 mini tub install $950.00,IRS install $3500.00-?, Total around $15,375.00. Paid deposit $14,00.00. Let me know if I forgot anything.Thank's Scott. “
Email from 2Feb15:

“John, here is where we are at so far.Money spent to date.Part's List Front Shocks $980.00,Trunnions $40.00,Tiger cage w/shipping $3200.00,Americn auto wire $580.00,New 1/4 panels,lower tail panel,outer wheel well,trunk drop offs $995.00,part from DSE $785.00,Z06 rear hubs $380.00,Grade 8 bolts for sub frame and IRS $35.00,rear seat shipping $35.00,12mm lug nuts $36.00,Tie rod ends for rack $50.00,Sand blasting$850.00,Engine bay aprts$45.00, 5th gen rear coil overs $1,098.00. Total spent$9,109.00. Money still to spend AC unit. Labor to date Sub frame $5950.00,Sub frame connectors$450.00,mini tub install $950.00,Disassembly of car $800.00,Haul to blaster $100.00,Firewall smoth$300.00,Wiper motor & linkage move $525.00,1/4 panels and sheet metal install $2080.00,trans tunnel & console $400.00,IRS install $3,500.00,IRS narrowed $425.00 Total $15,480.00/ Two total's $24,589.00. Work to still complete Tiger cage install $450.00,Stainless exhaust $650.00.Steering column shaft install $85.00Engine bay bars $275.00,AC bracket's $100.00, fuel tank mounting brackets $80.00t Total work to be done $1,640.00. I would like to have everything finished and ready for pick up Sat. March 7th. Balance of $7229.00.”


This is literally how I received updates, but if you focus on the parts he sold me, the prices changed, yet I locked in everything in the beginning with a fat deposit that more than covered the purchases. An example, American Auto wire in Nov was 510 when I bought it and then 580 in Feb, when he sent the email. If you break out the other items, you can find other discrepancies.

Mock routinely provided Plaintiff with updates on the progress of the planned
design and modification of Plaintiff’s vehicle, including statements of the costs of materials and labor necessary to perform services. Mock did not charge Plaintiff for some of these services, nor did he charge Plaintiff for the retail price of the materials provided. “


See above. If he couldn’t do them, he didn’t say anything.
He certainly charged me for it, we agreed on a final price. I agree now that he couldn’t do them.

More in a minute.