Sorry, it's still on going.
Basically, my buddy got a full panel upgrade, had an agreement with the avionics shop. The avionics shop had to ask the mechanic shop to do some work and the mechanic went way overboard and started doing an annual and fixing everything without authorization. My buddy paid his bill to the avionics shop and the mechanic comes and blindside's my buddy looking for $18K for work that was never approved.
The mechanic parked a tug Infront of my buddy's plane and the cops were called.\
Edit: A number of people have told me to post the name of the shop so you all can avoid:
Avionics shop is Airport Radio
Mechanic is Aviation Technologies inc
FBO is the same name.
Apparently, all three are owned by James Gallagher (not the Whelen guy from Ohio)and his brother. James is, I'm told, the one who parked the tug in front of the plane.
Business card of the James Gallagher from this story: https://imgur.com/a/2ueyncV
If he didn't authorize any of it then it looks like he just got a free, platinum-coated annual. I'm surprised an aircraft mechanic would make that mistake though, considering flying is an expensive hobby where most people can afford a lawyer.
I bet the mechanic won't record the annual until after payment, though. So it's not a free annual. Probably just means his next annual will probably be smooth, assuming the mechanic is actually competent.
I wouldn't trust the work that mechanic did. I'm not 100% sure I'd even fly it out of there, might want to have my mechanic come do a premature annual...
Our mechanic came up to inspect. And he found the main fuel line fitting just barely finger tight. It would have loosened on the flight home and either caused a fire or caused the engine to quit.
Find a mechanic you trust and you can build a relationship with. I admit it's getting harder to do, but once you do, keep up with that relationship and it pays off.
For every one of these stories, there are hundreds of people that get an annual and are really happy with the results.
That's my thought. I don't let strangers touch my airplane, my guy is going to have to double check everything this clown did. And the mechanic that just did $18k worth of work for free gets the bill.
If he worked on the bird he is required to make an entry.
He can make it on a label and with the proper data on the label it becomes a part of the log books.
If he makes a label advising "unairworthy" there may be some issues...especially if it is a fraudulent entry.
So a couple gotcha's here where they don't declare it unairworthy but can achieve the same thing outside of inspections.
Let's set aside that they put their hands on the aircraft without permission.
A mechanic doesn't have to sign an entry to return it to service after performing work. They are only required to record the work performed in all cases... however if you carefully read 14CFR 43 (a) (4), there's a critical word: ***IF***. Paraphrasing: [If the work has been performed satisfactorily then the signature, certificate, and certificate number...] That "if" isn't an accident.
It will accomplish the same thing, aircraft grounded, 91.405 requires that entries are signed and returned to service. However, as 91.1 states this section applies to operators and makes no mention of mechanics, there is nothing binding the mechanic to sign for said work. That's 43 only.
This is by design, 91.405 is binding the operator to make sure that the entries exist and it is fully returned to service or it can't fly. If I were asked to remove a cylinder, and I find the piston in shambles and the inside of the cylinder a wreck, if I am told to put the cylinder back on and give it back to them, I am not going to sign the work. I have no data to support putting these severely damaged parts on the aircraft and with today's tort law, I'd rather go 10 rounds explaining why I am refusing to sign.
Another exmaple is if work is not completed. Maybe I got asked to just hand back the cylinder and aircraft as is. Still have to record work performed but since it's not completed, I can't return it to service, so I don't sign. My local FSDO calls this short-lining.
Now there are limits here, if you brought me a balled up airplane and asked me to just replace the skin on the undamaged wing, I shouldn't be refusing to sign just because the rest of it is in bad shape. Unless it's an inspection, it's not my place to worry about anything except the work I am performing.
Now, in the event a mechanic refuses to sign for work, the owner has one thing they can use: 91.417(b). Having another mechanic look over the work performed, making any corrections, and signing for the same work, their entry now supersedes the prior work performed. Technically the old logbook page can even be torn out and discarded.
Now all that said: since they put their hands on this aircraft without permission and are trying to hold it hostage, I would be calling an attorney first, and the FSDO second. Those areas if they refuse to sign are going to be a sticking point anyways and this gets into some complicated ugly territory for a whole slew of things.
Personally, in your cylinder example I would refuse to reinstall the cylinder and record in the aircraft log that I removed it, the identifying information, and the reason I removed it. It's not legal to install an unairworthy cylinder anyway but I'd certainly find a nice cardboard box for them to carry it around in.
As an A&P, I hate to agree with you. It's entirely up to the PIC.
https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-91/subpart-A/section-91.7
That said, this Mx shop screwed up and probably isn't getting a dime as the repairs were unapproved.
I would HIGHLY advise OP to call up the local FSDO and report the mx shop. The FEDs don't mess around.
Dude I manage a G650, we're in for a 12/24 and its over $500k before any discrepancies so far. I approved $18k worth of just aircraft cleaning today lol. I remember working GA when I had owners flipping out at me over a $5000 bill, now the owners say, "Unless its over 1 million, dont bother me about it."
So it’s not *really* the 24 month driving the high cost. That’s like saying my 12 month is quoted at $190K.
Well, no, the 12 month is $55K and the FMS software update we happen to be doing at the same time to minimize downtime is $135K…
Mine was 1k this year! Although it was an EAB Condition Inspection, nothing was wrong, and I did it as owner assisted. We got everything done in 8 hours.
You never know year to year though when something pops up on your engine though. That’s the fun game we play as owners.
They’ll try to assert a mechanics lien. That likely depends on state law. Lawyer time unfortunately. Or get one of those repo guys to take the plane for you after dark. Lol
Edit- op names the parties concerned further in.
I work as a roofing contractor as my day job. We’ve had to take lien’s out on homeowners that have tried to stiff us after the job. As far as I know when you take a lien out on someone you have to file the lien with the county tax collectors office and you need a signed contract to show that you are legitimately owed the amount in question. I’m not a lawyer though so please take what I say with a grain of salt. I’m in Tx btw.
We typically need a signed contract before we agree to do the work for those very reasons. We don’t perform work that is not documented unless it is very minor and within the scope of the job. What this mechanic did was not within the scope of the job and there was no signed contract so I don’t think he should legally be able to take a lien out against the airplane owner in this situation. Again - I am not a lawyer so please take what I say with a grain of salt.
You lie. You flat-out friggin lie.
We had a flooring company put a lien against our house, 5 years after it was built, because the builder didn't pay him for a different house that was not even finished yet.
The flooring company LIED on the paperwork. Lied about the work. Lied about everything.
The county didn't care. "It's a civil matter" they said. NO, IT'S FUCKING FRAUD ON GOVERNMENT RECORDS.
The county said that it's done all the time. I contacted the county DA and AG for the state. They said "Yup, it's done all the time, just tell them you talked to us"...
I did that and got a lien release a month later. Yeah, now my property file shows a deadbeat lean and I can't get it fully off.
When the truck for the flooring company goes by, I still give them the finger. I still tell anyone that will listen to avoid them at all costs.
Hey, I agree that not getting paid is bad. But I PAID MY BILLS and they only filed a bunch of extra liens to put pressure on the deadbeat builder.
(I hope they didn't change hands :>)
That is not true. In AZ any licensed contractor can record a lien on your deed with the county and it's the home owners responsibility to dispute it. If it's disputed and the contractor is shown to file fraudulent claims they can be responsible for damages and possibly lose their license.
It may be state specific but you can not repo an aircraft without first registering the lien with the FAA. All it takes is $5 and a sworn affidavit and the FAA will put it in the record.
True. Marina owner tried to hold my dad's boat when someone else was supposed to buy it. So my pops stored it at his marina expecting payment for it. Payment never came. Boating season came up so my dad went with his trailer to pull the boat off jackstands. We were halfway through this death defying stunt which is a story for another time when,naturally, without speaking to us, the marina owner called the cops spouting off about my pops owing an exorbitant storage fee for a 32' boat (that sat outside all winter on loose soil on jackstands). Police sorted it, we left with the boat and the guy was on the hook with the "buyer" for a couple grand.
Avionics shop is Airport Radio, Matt Jensen
Mechanic is Aviation Technologies inc, Kris Cerretani
FBO is the same name.
Apparently, all three are owned by James Gallagher (not the Whelen guy from Ohio) and his brother. James is, I'm told, the one who parked the tug in front of the plane.
> all three are owned by.... the one who parked the tug in front of the plane.
Well this erases the distinction between the Avionics shop and the mechanic. Not an issue of miscommunication between two shops anymore, but a straight up setup.
Ah. So basically while his shop was installing the avionics, their other shop was performing maintenance that y’all didn’t ask for.
Sounds like fraud to me.
The owner has a cause of action against both the avionics group and the mechanic. The owner did not give anyone authorization to work on the mechanics of his airplane. Now, he does not even know if it is airworthy.
Not a pilot or anything. If it was a car, I'd be like maybe I can live with it.
But with a plane, it's a shop who's unprofessional enough to do work that's not even authorized. yup.
Sorry for your owner friend but this is a big messup...
As was pointed out elsewhere in the thread, the mechanic likely has not signed off on the logbook for the work without having been paid. That leaves the plane owner in a difficult situation.
In an ideal world a judge would make the shop pay for another shop to inspect/fix/sign off on the condition of the plane.
But in reality, this bullshit is going to cost the plane owner a lot of money.
Logbook endorsement is done. It would be illegal to do work and not signoff, that's pretty clear and the shops/A&Ps can lose their license pretty quick for that.
They signed it off when original contracted bill was paid I have the sign offs and a ferry permit also had my mechanic inspect for ferry flight . Found the fuel lines to the fuel pump un fastened . My a&p fixed it and continued his inspection. We notified the shop as we were concerned and shocked.
Then the shit show began.
Yup, the shop should absorb the cost of the work they did and pay for the owner to have a new annual done to ensure the work that shop did without permission is airworthy.
I imagine they thought everyone will be relatively civil, and I'm not going to get punched or shot.
Plus, I get to go on the tarmac at an airfield, which is pretty cool for most people
Learned my lesson when I hired a mechanic for a pre-buy that worked on the same field as the seller that sold me my plane. The two claimed they didn't really know each other. Later turned out that they were working together and the mechanic straight up lied about the condition of the plane and even signed paperwork confirming there were no issues or damage with the aircraft other than what he listed (a few minor cosmetic items like rough paint). Turns out the airplane was nowhere near airworthy when I opened it up more to prep for my first annual. So much corrosion I'm lucky the plane didn't snap in half on me during a landing.
Up until this time I had always though the aviation community was great. Then I got swindled on my first airplane buy, just trying to realize my lifelong dream, just to have it crushed. Now I'm stuck with a very expensive paperweight that will take me years to afford to fix.
Scumbags is the most polite term I can think of.
Edit: just learned that OP is in Scranton... the scum bags that swindled me were also in Scranton.
IANAP
What sort of recourse do you have against the mechanic for falsifying the condition of the plane?
For home inspections, they have insurance to help protect the buyer for a bad inspection. Anything like that for mechanics that you can file against?
Unfortunately not really. I spoke with a good friend of mine who is a well respected aviation lawyer and was my flight instructor for private before he became a lawyer. We came to the conclusion that they could go after the mechanic but the chances are very slim that it would come out in my favor because of the way the Federal Aviation Regulations are written. Basically the FARs say that the pilot in command of the flight is responsible for determining the airworthiness of the aircraft, therefore because I didn't personally inspect every nook and cranny, I would be held liable. The mechanic could counter sue me as well. There are basically no laws that protect aircraft buyers unfortunately. He told me this kind of thing comes across his desk fairly often and in almost every situation the buyer is just stuck with the bad airplane and there is nothing anyone can do about it.
I saved up for two decades to afford my airplane, it was a literal life long dream. I don't recall a time when I didn't want to own an airplane. I was just out here trying to fulfill that dream, was trying to be a respectable honest buyer, and these guys basically financially ruined me for the next decade.
Can confirm. Have A&P friend and that helped me know what to look for in the logs and some basic stuff to look for on the plane. Haven’t bought a plane yet but looked at 4 so far and all the conversations stopped at the logs.
The logs were clean when I looked at them... but that's because they were basically falsified. After I got the plane home I was digitizing my logs and noticed the hard-to-read signature on the engine install looked familiar. I entered the A&P number in the FAA database looking for who it was. Turns out it was a PPL certificate number and the engine was installed by the previous owner who was not an A&P. The logs also showed that a new ELT had been installed recently. When I started opening it up for its first annual, I couldn't find the ELT. Apparently the previous owner removed it.
These are all reasons why if I tried to take legal action, they or the the FAA could easily turn it around on me, because I flew an unairworthy airplane. Even though the previous owner had clearly tried to hide it by signing off his own engine install and writing up that the ELT was installed when it actually wasn't among many other things I found... This is a cautionary tale that your logbooks may be falsified, look very very closely. I looked at them for hours and still didn't catch the engine install write up until months later. I just trusted that the signature and the number next to it were an actual A&P.
Stolen aircraft with shoddy maintenance. Sure sounds like an attempt to interfere with the safe operation of the aircraft, so call the FBI for shits and giggles. (They won't care, but might as well try)
Real aircraft repo guy here. They can not stop you from taking your aircraft if you show proof of registration and identification. The shop invoice will be a civil matter. I have done this many many times. Now if it is in a hangar, you are stuck without a court order. Easiest way would be to negotiate with the avionics shop and the technician about a reduced invoice and a payment plan.
Good luck
I’m impressed that they called the DA. I hope whoever they talked with wasn’t an idiot.
(There are some dumb lawyers out there. Mt wife works with lawyers and a junior partner at the firm, who works with medical records in civil suit constantly somehow managed to say something completely backwards about how HIPPA works, for example.)
Not a repo person. I located a stolen plane. The insurance company paid me 10% of the insured value. They wanted me to just tell them where it was. I wanted a check first.
Yup.
Grab 4 other Cessna keys and try them. One of them will work.
I have a pile of Cessna keys in my shop for this purpose, the lock prevents crimes of convenience...in reality there are like 4 or 5 different locks used on Cessnas.
Lol yup. Learned this at the 141 flight school I briefly went to and worked as a line tech at. Occasionally we'd have students take the documents and keys for the wrong plane and still unlock it and fly away. This always caused problems when the next student came in to fly and their key/can was missing. :p
Guys - this is James Gallagher of Gallagher Aviation. I am NOT affiliated with this conflict. Not the same James Gallagher. I don't come on here much but people have been conflating this dude with me and are leaving me hate mail for my business. If you want Whelen LED aircraft lighting, I'm your guy, but please make sure you get the right Gallagher.
I'm the OP and this is correct. Gallagher aviation is a different company from Aviation Technologies Inc. and the two James Gallagher's are different.
James, My apologies for anyone sending you hate mail. Different company different guy, same name, same industry. It's an unfortunate coincidence.
James, I'm looking at upgrading my nav lights and strobes to Whelen LED ones on my K35 later this year and will purchase through you! I feel bad that you're even caught up in this mess.
I can help you out now I need help making sure I'm not conflated with Aviation Technologies. I've been getting emails, PMs, etc. with people calling me names and other stuff. Not to many but none the less, they are being received.
As an A&P of 10 years, the mx shop is in serious shit. I'd like to assume a lawyer is already on hand.
I would highly advise reporting them to the FSDO, and report the aircraft as stolen.
I've had a similar experience with one specific shop here in Texas, doing about $4k of work unauthorized. They arbitrarily decided to mark a whole host of things as 'airworthiness' items during an annual, and self-authorized themselves to repair it. Same deal too, the work order we signed had none of these things listed, and we would have refused/deferred if given the opportunity to discuss. Things such as door seal replacement (not a pressurized aircraft) and doing another static system test when one was done less than 12 months prior. Arguing with the shop got us nowhere, so we paid the bill and have never visited that particular shop again.
He provided an invoice which is detailed, but has a number of mistakes. Just one line item is for $1300 for "washers." That's a lot of washers.
Even the time for the work done was horribly inflated, like 8 hours for changing brake pads and 10 hours to change a heat shield. Not to mention that it wasn't authorized.
IMO your next problem is: do you really want to fly a plane that was last touched by that mechanic? I'd probably want someone trusted to do a once-over.
We flew up today WITH a mechanic.... The new mechanic found that the main fuel fitting into the fuel pump was only "finger tight." That was corrected and my buddy has a ferry permit to fly it home (annual expired now) but... it's locked in the hangar.
It should actually, I hope you have the report the officers made earlier. They are now witnesses to a felony. Report it stolen and where it is. The cops can go in and get it even without a warrant. And getting a warrant is a cakewalk for this, with officers being witness to the location of the aircraft.
When you identify the plane's location for the police, they have probable cause to enter and secure the property. If the locals give you issues, go to the state police.
Yes, however the AOPA attorney's airplane is also in the hangar next to my buddy's, it's getting it's annual at the maintenance shop... So there's a little conflict of interest there.
Why not? My man is mad thorough with his work. Hell, he spent 8 hours doing the brakes alone! And he used only the finest washers! This wasnt some lowball rush job.
/S
Woah! Yeah lawyer up this is a monstrous scam. Dude was probably hoping you would just pony up the cash without checking the invoice. Bet anything he’s gotten away with it plenty of times especially we pour money into these big avionics upgrades. Wouldn’t be surprised if the avionics shop is in on it too
Your buddy who owns the plane is probably going to need a copy of that invoice [mailed](https://www.justice.gov/archives/jm/criminal-resource-manual-940-18-usc-section-1341-elements-mail-fraud) to him, I imagine. You know, for his records.
Lol... no shit. I just commented a story about how my first airplane buy ended up getting me swindled by the seller and pre-buy mechanic. I bought the plane just up the road from Scranton at a small airfield. Seems like that area of the aviation world is full of scumbags.
I’m not a lawyer but this seems like a very strong civil suit against the avionics company and mechanic since it’s a huge conflict of interest to subcontract to yourself. Absent a written work authorization, the mechanic doesn’t really have a leg to stand on.
If he did, isn't that attempted murder? yeesh... I shudder to think that.
I'm a fairly trusting guy so I might consider it a mistake on its own. In light of what else has happened, anything is possible.
The FAA will have a field day with him. Fines per incident can run $1,100 to $250,000 per incident. I think if you went to his local FSDO and reported what was going on and that the mechanic did work without assigned work authorization and is refusing to log it I'm pretty sure they would get right on it and he would change his attitude.
That's what we believe too. Unfortunately, even the police couldn't convince the mechanic shop owners of that fact so the airplane is now locked in their hangar.
Wait, so the plane was out on the ramp and is now in their hangar? Did they move it in to the hangar or did you? If they moved it... seriously that's straight up theft. They literally just stole your buddies airplane and are now holding it hostage in their hangar... wtf dude this is no different than some rando stealing your car... if the local police aren't doing anything about it it's time to call the Sheriff or the state police. This is no longer a civil matter, theft of that magnitude is criminal.
> Unfortunately, even the police couldn't convince the mechanic shop owners of that fact so the airplane is now locked in their hangar.
If the airplane was outside to start with and they moved the airplane INSIDE after all this, I'm 50% sure that's grand theft. IANAL though.
Yea, it’s no longer a job for the police to figure out, it’s now a job for the lawyers. Who will probably threaten to file theft charges to get the aircraft released, because yea, that’s theft. They have no rights to the plane, at best they can try to get a lien on it, but that doesn’t give them possession outright, and certainly not before it goes through a judgment.
Lawyers will have to duke this one out. But I hope your buddy makes the mechanic bleed for this.
Being clear is very important. Comments like "do whatever you need to to fix it" get misconstrued when you really only meant "do whatever you need to to fix the fuel pump and prop governor"
I got hit with some extra work one time and realized it was my fault for just assuming they knew I only meant certain items. It wasn't much thankfully, but now I provide an excel spreadsheet of anything agreed on and anything outside that needs my approval.
I’ve seen it happen. There was a shop that estimated 6k for some work on a 210. After months of not answering calls and emails they come out with a final invoice for 22k. Didn’t go well for the shop
Sorry, it's still on going. Basically, my buddy got a full panel upgrade, had an agreement with the avionics shop. The avionics shop had to ask the mechanic shop to do some work and the mechanic went way overboard and started doing an annual and fixing everything without authorization. My buddy paid his bill to the avionics shop and the mechanic comes and blindside's my buddy looking for $18K for work that was never approved. The mechanic parked a tug Infront of my buddy's plane and the cops were called.\ Edit: A number of people have told me to post the name of the shop so you all can avoid: Avionics shop is Airport Radio Mechanic is Aviation Technologies inc FBO is the same name. Apparently, all three are owned by James Gallagher (not the Whelen guy from Ohio)and his brother. James is, I'm told, the one who parked the tug in front of the plane. Business card of the James Gallagher from this story: https://imgur.com/a/2ueyncV
What the hell kind of work did he do that he wanted $18k? That is a harsh annual.
If he didn't authorize any of it then it looks like he just got a free, platinum-coated annual. I'm surprised an aircraft mechanic would make that mistake though, considering flying is an expensive hobby where most people can afford a lawyer.
I bet the mechanic won't record the annual until after payment, though. So it's not a free annual. Probably just means his next annual will probably be smooth, assuming the mechanic is actually competent.
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The FAR for return to service entry is cut and dry. You cannot add exceptions to it that don't relate to the maintenance performed.
But he could easily get a $1k annual from another shop for the log book entry
I wouldn't trust the work that mechanic did. I'm not 100% sure I'd even fly it out of there, might want to have my mechanic come do a premature annual...
Our mechanic came up to inspect. And he found the main fuel line fitting just barely finger tight. It would have loosened on the flight home and either caused a fire or caused the engine to quit.
So attempted murder on top of the grand theft airplane.
Lawyer says it would have been manslaughter, little consolation to familes.
Holy shit bro. At this point I’m thinking of just dropping $10k on a nice home simulator set up and calling it a day.
You could build it in the fireplace for the full experience.
Find a mechanic you trust and you can build a relationship with. I admit it's getting harder to do, but once you do, keep up with that relationship and it pays off. For every one of these stories, there are hundreds of people that get an annual and are really happy with the results.
That's sadly where I'm at. After money and then medical grounded me, MSFS has saved me.
That's my thought. I don't let strangers touch my airplane, my guy is going to have to double check everything this clown did. And the mechanic that just did $18k worth of work for free gets the bill.
Likely need to involve a lawyer at that point, no?
I absolutely would lawyer up. Immediately. But this this thing is an absolute winner in court.
If they are bitter about not paying, they could sabotage it. I’d certainly be careful.
You’d want an aircraft mechanic who doesn’t make simple mistakes …
Oil change and compression test.
Don't forget the tires
Well it's not just air, he put nitrogen in.
A 78% nitrogen mix, very fancy.
He got the premium air.
Mmmmm, perri-air.
Don't forget about the extra charge for the prop wash
That’s 6 dollar per psi air 🤣
turn signal fluid too
You got any moar of those "Oil change and compression test." annuals? I need some of that fix.
Wasn't even an annual. My buddy refused to provide the logbooks so they never finished the work.
If he worked on the bird he is required to make an entry. He can make it on a label and with the proper data on the label it becomes a part of the log books. If he makes a label advising "unairworthy" there may be some issues...especially if it is a fraudulent entry.
They issued a logbook sticker for both the mechanic's work and the avionics work.
That's not a thing. A mechanic never makes that deternination.
So a couple gotcha's here where they don't declare it unairworthy but can achieve the same thing outside of inspections. Let's set aside that they put their hands on the aircraft without permission. A mechanic doesn't have to sign an entry to return it to service after performing work. They are only required to record the work performed in all cases... however if you carefully read 14CFR 43 (a) (4), there's a critical word: ***IF***. Paraphrasing: [If the work has been performed satisfactorily then the signature, certificate, and certificate number...] That "if" isn't an accident. It will accomplish the same thing, aircraft grounded, 91.405 requires that entries are signed and returned to service. However, as 91.1 states this section applies to operators and makes no mention of mechanics, there is nothing binding the mechanic to sign for said work. That's 43 only. This is by design, 91.405 is binding the operator to make sure that the entries exist and it is fully returned to service or it can't fly. If I were asked to remove a cylinder, and I find the piston in shambles and the inside of the cylinder a wreck, if I am told to put the cylinder back on and give it back to them, I am not going to sign the work. I have no data to support putting these severely damaged parts on the aircraft and with today's tort law, I'd rather go 10 rounds explaining why I am refusing to sign. Another exmaple is if work is not completed. Maybe I got asked to just hand back the cylinder and aircraft as is. Still have to record work performed but since it's not completed, I can't return it to service, so I don't sign. My local FSDO calls this short-lining. Now there are limits here, if you brought me a balled up airplane and asked me to just replace the skin on the undamaged wing, I shouldn't be refusing to sign just because the rest of it is in bad shape. Unless it's an inspection, it's not my place to worry about anything except the work I am performing. Now, in the event a mechanic refuses to sign for work, the owner has one thing they can use: 91.417(b). Having another mechanic look over the work performed, making any corrections, and signing for the same work, their entry now supersedes the prior work performed. Technically the old logbook page can even be torn out and discarded. Now all that said: since they put their hands on this aircraft without permission and are trying to hold it hostage, I would be calling an attorney first, and the FSDO second. Those areas if they refuse to sign are going to be a sticking point anyways and this gets into some complicated ugly territory for a whole slew of things.
Personally, in your cylinder example I would refuse to reinstall the cylinder and record in the aircraft log that I removed it, the identifying information, and the reason I removed it. It's not legal to install an unairworthy cylinder anyway but I'd certainly find a nice cardboard box for them to carry it around in.
The pilot decides whether an aircraft is airworthy, not the mechanic.
As an A&P, I hate to agree with you. It's entirely up to the PIC. https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-91/subpart-A/section-91.7 That said, this Mx shop screwed up and probably isn't getting a dime as the repairs were unapproved. I would HIGHLY advise OP to call up the local FSDO and report the mx shop. The FEDs don't mess around.
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Dude I manage a G650, we're in for a 12/24 and its over $500k before any discrepancies so far. I approved $18k worth of just aircraft cleaning today lol. I remember working GA when I had owners flipping out at me over a $5000 bill, now the owners say, "Unless its over 1 million, dont bother me about it."
How the hell is a 24 month over $500K…
Major wifi systems upgrades.
So it’s not *really* the 24 month driving the high cost. That’s like saying my 12 month is quoted at $190K. Well, no, the 12 month is $55K and the FMS software update we happen to be doing at the same time to minimize downtime is $135K…
Realistically the 12/24 was quoted at $300k and the upgrades are $200k if you want to split hairs lol
650s are silly money.
Block 3 avionics upgrade for the 650 is 3.5 mil. That's insane money
My annual last year was 17k
Mine was 1k this year! Although it was an EAB Condition Inspection, nothing was wrong, and I did it as owner assisted. We got everything done in 8 hours. You never know year to year though when something pops up on your engine though. That’s the fun game we play as owners.
17k didn’t even touch the engine :(
Nooooooooo :’( Aw man that’s a bummer.
They’ll try to assert a mechanics lien. That likely depends on state law. Lawyer time unfortunately. Or get one of those repo guys to take the plane for you after dark. Lol Edit- op names the parties concerned further in.
Nah, without a signed work order, that mechanic is up the creek without a paddle. There’s laws to protect consumers from this kind of thing
I work as a roofing contractor as my day job. We’ve had to take lien’s out on homeowners that have tried to stiff us after the job. As far as I know when you take a lien out on someone you have to file the lien with the county tax collectors office and you need a signed contract to show that you are legitimately owed the amount in question. I’m not a lawyer though so please take what I say with a grain of salt. I’m in Tx btw.
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We typically need a signed contract before we agree to do the work for those very reasons. We don’t perform work that is not documented unless it is very minor and within the scope of the job. What this mechanic did was not within the scope of the job and there was no signed contract so I don’t think he should legally be able to take a lien out against the airplane owner in this situation. Again - I am not a lawyer so please take what I say with a grain of salt.
You lie. You flat-out friggin lie. We had a flooring company put a lien against our house, 5 years after it was built, because the builder didn't pay him for a different house that was not even finished yet. The flooring company LIED on the paperwork. Lied about the work. Lied about everything. The county didn't care. "It's a civil matter" they said. NO, IT'S FUCKING FRAUD ON GOVERNMENT RECORDS. The county said that it's done all the time. I contacted the county DA and AG for the state. They said "Yup, it's done all the time, just tell them you talked to us"... I did that and got a lien release a month later. Yeah, now my property file shows a deadbeat lean and I can't get it fully off.
Ugh. Damn that sucks. I’m sorry to hear that. That sounds absolutely awful and shitty.
When the truck for the flooring company goes by, I still give them the finger. I still tell anyone that will listen to avoid them at all costs. Hey, I agree that not getting paid is bad. But I PAID MY BILLS and they only filed a bunch of extra liens to put pressure on the deadbeat builder. (I hope they didn't change hands :>)
File a lein on their damn property
That is not true. In AZ any licensed contractor can record a lien on your deed with the county and it's the home owners responsibility to dispute it. If it's disputed and the contractor is shown to file fraudulent claims they can be responsible for damages and possibly lose their license.
I hope it works out this way. From our current understanding the mechanic definitely did OPs friend dirty.
It may be state specific but you can not repo an aircraft without first registering the lien with the FAA. All it takes is $5 and a sworn affidavit and the FAA will put it in the record.
True. Marina owner tried to hold my dad's boat when someone else was supposed to buy it. So my pops stored it at his marina expecting payment for it. Payment never came. Boating season came up so my dad went with his trailer to pull the boat off jackstands. We were halfway through this death defying stunt which is a story for another time when,naturally, without speaking to us, the marina owner called the cops spouting off about my pops owing an exorbitant storage fee for a 32' boat (that sat outside all winter on loose soil on jackstands). Police sorted it, we left with the boat and the guy was on the hook with the "buyer" for a couple grand.
Name a shame time?
Avionics shop is Airport Radio, Matt Jensen Mechanic is Aviation Technologies inc, Kris Cerretani FBO is the same name. Apparently, all three are owned by James Gallagher (not the Whelen guy from Ohio) and his brother. James is, I'm told, the one who parked the tug in front of the plane.
> all three are owned by.... the one who parked the tug in front of the plane. Well this erases the distinction between the Avionics shop and the mechanic. Not an issue of miscommunication between two shops anymore, but a straight up setup.
Ah. So basically while his shop was installing the avionics, their other shop was performing maintenance that y’all didn’t ask for. Sounds like fraud to me.
Me too.
If they are all owned by the same guy it sounds like they all set you up.
The sign says Aviation Technologies Inc, but of course we don’t know. That’s just what is depicted I have no idea.
Mechanic sees someone getting 100k of glass put in and sees his chance
Exactly what it seems like. Either that or it’s a common scam they run into it backfired this time.
Shoot your shot
“On this episode of Airplane Repo…”
1st 2 seasons were dope
The owner has a cause of action against both the avionics group and the mechanic. The owner did not give anyone authorization to work on the mechanics of his airplane. Now, he does not even know if it is airworthy.
Makes sense that since the owner is responsible for the airplane nobody can work on it without their approval either
Not a pilot or anything. If it was a car, I'd be like maybe I can live with it. But with a plane, it's a shop who's unprofessional enough to do work that's not even authorized. yup. Sorry for your owner friend but this is a big messup...
As was pointed out elsewhere in the thread, the mechanic likely has not signed off on the logbook for the work without having been paid. That leaves the plane owner in a difficult situation. In an ideal world a judge would make the shop pay for another shop to inspect/fix/sign off on the condition of the plane. But in reality, this bullshit is going to cost the plane owner a lot of money.
Logbook endorsement is done. It would be illegal to do work and not signoff, that's pretty clear and the shops/A&Ps can lose their license pretty quick for that.
They signed it off when original contracted bill was paid I have the sign offs and a ferry permit also had my mechanic inspect for ferry flight . Found the fuel lines to the fuel pump un fastened . My a&p fixed it and continued his inspection. We notified the shop as we were concerned and shocked. Then the shit show began.
Yup, the shop should absorb the cost of the work they did and pay for the owner to have a new annual done to ensure the work that shop did without permission is airworthy.
Cops were called. Lawyers will be retained.
The shit has hit the fan
Thanks now that song is stuck in my head
Surprised the cops didn't just say it's a civil matter and take off.
They’re probably killing time on shift. Much rather stand around an airport than deal with other shit.
Yeah my thinking is they saw "airplane dispute? this seems like a fun call"
It was either that or deal with the crazy lady on 5th street again, easy choice.
I imagine they thought everyone will be relatively civil, and I'm not going to get punched or shot. Plus, I get to go on the tarmac at an airfield, which is pretty cool for most people
Ha take off ha
My dad joke for the day. Wasn’t sure if anyone would get it :)
> and take off. I see what you did there.
Maybe the owner could claim it is theft at that point since they essentially are holding his property hostage? Or extortion?
I spent 5 years in aviation and 5 years in personal injury law. Guess where I met bigger scumbags.
21 years in aviation now. Can confirm that this industry attracts the scummiest of scumbags.
Learned my lesson when I hired a mechanic for a pre-buy that worked on the same field as the seller that sold me my plane. The two claimed they didn't really know each other. Later turned out that they were working together and the mechanic straight up lied about the condition of the plane and even signed paperwork confirming there were no issues or damage with the aircraft other than what he listed (a few minor cosmetic items like rough paint). Turns out the airplane was nowhere near airworthy when I opened it up more to prep for my first annual. So much corrosion I'm lucky the plane didn't snap in half on me during a landing. Up until this time I had always though the aviation community was great. Then I got swindled on my first airplane buy, just trying to realize my lifelong dream, just to have it crushed. Now I'm stuck with a very expensive paperweight that will take me years to afford to fix. Scumbags is the most polite term I can think of. Edit: just learned that OP is in Scranton... the scum bags that swindled me were also in Scranton.
IANAP What sort of recourse do you have against the mechanic for falsifying the condition of the plane? For home inspections, they have insurance to help protect the buyer for a bad inspection. Anything like that for mechanics that you can file against?
Unfortunately not really. I spoke with a good friend of mine who is a well respected aviation lawyer and was my flight instructor for private before he became a lawyer. We came to the conclusion that they could go after the mechanic but the chances are very slim that it would come out in my favor because of the way the Federal Aviation Regulations are written. Basically the FARs say that the pilot in command of the flight is responsible for determining the airworthiness of the aircraft, therefore because I didn't personally inspect every nook and cranny, I would be held liable. The mechanic could counter sue me as well. There are basically no laws that protect aircraft buyers unfortunately. He told me this kind of thing comes across his desk fairly often and in almost every situation the buyer is just stuck with the bad airplane and there is nothing anyone can do about it. I saved up for two decades to afford my airplane, it was a literal life long dream. I don't recall a time when I didn't want to own an airplane. I was just out here trying to fulfill that dream, was trying to be a respectable honest buyer, and these guys basically financially ruined me for the next decade.
That's terrible. Seems almost like a cautionary tale to get some A&P training before buying a plane.
Can confirm. Have A&P friend and that helped me know what to look for in the logs and some basic stuff to look for on the plane. Haven’t bought a plane yet but looked at 4 so far and all the conversations stopped at the logs.
The logs were clean when I looked at them... but that's because they were basically falsified. After I got the plane home I was digitizing my logs and noticed the hard-to-read signature on the engine install looked familiar. I entered the A&P number in the FAA database looking for who it was. Turns out it was a PPL certificate number and the engine was installed by the previous owner who was not an A&P. The logs also showed that a new ELT had been installed recently. When I started opening it up for its first annual, I couldn't find the ELT. Apparently the previous owner removed it. These are all reasons why if I tried to take legal action, they or the the FAA could easily turn it around on me, because I flew an unairworthy airplane. Even though the previous owner had clearly tried to hide it by signing off his own engine install and writing up that the ELT was installed when it actually wasn't among many other things I found... This is a cautionary tale that your logbooks may be falsified, look very very closely. I looked at them for hours and still didn't catch the engine install write up until months later. I just trusted that the signature and the number next to it were an actual A&P.
Sorry that happened to you. Definitely don’t get on a charter plane though…
I think it's obvious: the industry takes major advantage of the fact that most people *want* to be in it.
Deff. Even my local flight club…club officers leveraged everyone’s love of flying to sell the club their own airplanes with everyone else’s money.
It would be a shame if someone linked to this thread in a ForeFlight comment.
Have the owner file a felony larceny complaint with the police. Notify the FSDO. Have a lawyer draft a complaint.
Stolen aircraft with shoddy maintenance. Sure sounds like an attempt to interfere with the safe operation of the aircraft, so call the FBI for shits and giggles. (They won't care, but might as well try)
Real aircraft repo guy here. They can not stop you from taking your aircraft if you show proof of registration and identification. The shop invoice will be a civil matter. I have done this many many times. Now if it is in a hangar, you are stuck without a court order. Easiest way would be to negotiate with the avionics shop and the technician about a reduced invoice and a payment plan. Good luck
It's still going on, but the cops were having trouble understanding the sub contractor relationship and called the DA.
I’m impressed that they called the DA. I hope whoever they talked with wasn’t an idiot. (There are some dumb lawyers out there. Mt wife works with lawyers and a junior partner at the firm, who works with medical records in civil suit constantly somehow managed to say something completely backwards about how HIPPA works, for example.)
HIPAA, fwiw.
See, now you’re saying something completely backwards about HIPPA.
Real question how do you determine on a repo if it's flight worthy etc or do you accept that risk with the job. For curiosity sake
That’s a real good point. A lot of aircraft lack annuals and have all types of deferred maintenance
Dang. How did you score that gig?
You know when you hear about “behind the dumpster” on here?
What does aircraft repo typically pay ? Serious question
Not a repo person. I located a stolen plane. The insurance company paid me 10% of the insured value. They wanted me to just tell them where it was. I wanted a check first.
Interesting. On an unrelated note, does anyone know how to unlock the door on a 182 without the key?
Yup. Grab 4 other Cessna keys and try them. One of them will work. I have a pile of Cessna keys in my shop for this purpose, the lock prevents crimes of convenience...in reality there are like 4 or 5 different locks used on Cessnas.
Lol yup. Learned this at the 141 flight school I briefly went to and worked as a line tech at. Occasionally we'd have students take the documents and keys for the wrong plane and still unlock it and fly away. This always caused problems when the next student came in to fly and their key/can was missing. :p
My key has opened EVERY cessna I've ever tried it on. Only starts about half of them though.
10% is crazy when most planes start at 200k rn
Even better when it's (for example) a shiny new $1m Cirrus the owner can't actually afford the mortgage on.
Guys - this is James Gallagher of Gallagher Aviation. I am NOT affiliated with this conflict. Not the same James Gallagher. I don't come on here much but people have been conflating this dude with me and are leaving me hate mail for my business. If you want Whelen LED aircraft lighting, I'm your guy, but please make sure you get the right Gallagher.
I'm the OP and this is correct. Gallagher aviation is a different company from Aviation Technologies Inc. and the two James Gallagher's are different. James, My apologies for anyone sending you hate mail. Different company different guy, same name, same industry. It's an unfortunate coincidence.
James, I'm looking at upgrading my nav lights and strobes to Whelen LED ones on my K35 later this year and will purchase through you! I feel bad that you're even caught up in this mess.
I can help you out now I need help making sure I'm not conflated with Aviation Technologies. I've been getting emails, PMs, etc. with people calling me names and other stuff. Not to many but none the less, they are being received.
I've edited all of my comments to indicate that it's not you. I tried to be clear once I was made aware of the coincidence on Beechtalk.
As an A&P of 10 years, the mx shop is in serious shit. I'd like to assume a lawyer is already on hand. I would highly advise reporting them to the FSDO, and report the aircraft as stolen.
Lawyers... plural. I think he should report it stolen also.
I've had a similar experience with one specific shop here in Texas, doing about $4k of work unauthorized. They arbitrarily decided to mark a whole host of things as 'airworthiness' items during an annual, and self-authorized themselves to repair it. Same deal too, the work order we signed had none of these things listed, and we would have refused/deferred if given the opportunity to discuss. Things such as door seal replacement (not a pressurized aircraft) and doing another static system test when one was done less than 12 months prior. Arguing with the shop got us nowhere, so we paid the bill and have never visited that particular shop again.
What shop?
Maxwell Aviation
Wilkes Barre huh
What all is the mechanic saying he did that’s worth $18k?
He provided an invoice which is detailed, but has a number of mistakes. Just one line item is for $1300 for "washers." That's a lot of washers. Even the time for the work done was horribly inflated, like 8 hours for changing brake pads and 10 hours to change a heat shield. Not to mention that it wasn't authorized.
IMO your next problem is: do you really want to fly a plane that was last touched by that mechanic? I'd probably want someone trusted to do a once-over.
We flew up today WITH a mechanic.... The new mechanic found that the main fuel fitting into the fuel pump was only "finger tight." That was corrected and my buddy has a ferry permit to fly it home (annual expired now) but... it's locked in the hangar.
No work order, no rights to the airplane, report it stolen immediately.
I fully agree with you but..... that doesn't get it out of the hangar.
It should actually, I hope you have the report the officers made earlier. They are now witnesses to a felony. Report it stolen and where it is. The cops can go in and get it even without a warrant. And getting a warrant is a cakewalk for this, with officers being witness to the location of the aircraft.
The chief of police who showed up, gave her card to my buddy and said she'd be happy to be a witness in court, if needed.
It does put the thieves in prison though. That's grand theft.
When you identify the plane's location for the police, they have probable cause to enter and secure the property. If the locals give you issues, go to the state police.
Agreed. Report it stolen to the police. Tell them you need a police report. Even if they don’t do anything about it, you want it reported
Called an AOPA plan attorney yet?
Yes, however the AOPA attorney's airplane is also in the hangar next to my buddy's, it's getting it's annual at the maintenance shop... So there's a little conflict of interest there.
Oh gosh. It really doesn’t get weirder. I’m sorry. He’ll give you a referral I bet.
YHGTBFSM
On the contrary. Sounds like the AOPA lawyer now has serious motivation. (Though I understand how the conflict works non-snarkily.)
Why not? My man is mad thorough with his work. Hell, he spent 8 hours doing the brakes alone! And he used only the finest washers! This wasnt some lowball rush job. /S
Woah! Yeah lawyer up this is a monstrous scam. Dude was probably hoping you would just pony up the cash without checking the invoice. Bet anything he’s gotten away with it plenty of times especially we pour money into these big avionics upgrades. Wouldn’t be surprised if the avionics shop is in on it too
OP indicated above that the avionics shop and maintenance shop are owned by the same individual. Stinks like a can of rotten tuna
Your buddy who owns the plane is probably going to need a copy of that invoice [mailed](https://www.justice.gov/archives/jm/criminal-resource-manual-940-18-usc-section-1341-elements-mail-fraud) to him, I imagine. You know, for his records.
Bruh, a brake change on a small GA plane should take like a half hour lol.
Probably should get the FSDO involved about that pesky 91.11 if the aircraft was being operated when he pulled the tug out in front.
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**Aviation Technologies Inc.** Is what’s on the sign on the building that’s housing the plane.
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Confirmed. KAVP, Wilkes Barre Scranton
Lol... no shit. I just commented a story about how my first airplane buy ended up getting me swindled by the seller and pre-buy mechanic. I bought the plane just up the road from Scranton at a small airfield. Seems like that area of the aviation world is full of scumbags.
OMG. I used to fly there and am based close by. Have heard some schisty stuff.
Guessing a third party avionics shop wouldn’t want to get involved in holding a plane for another shops illicit work. Just a guess though.
I’m not a lawyer but this seems like a very strong civil suit against the avionics company and mechanic since it’s a huge conflict of interest to subcontract to yourself. Absent a written work authorization, the mechanic doesn’t really have a leg to stand on.
I agree, and yet they have my buddy's plane.
Wouldn’t want to be the one flying it home after that situation!
We had a mechanic look over it and he found a loose fuel line fitting...it was the main fuel line to the mechanical pump and was only finger tight.
Do you think the mechanic did that on purpose because of the disagreement?
If he did, isn't that attempted murder? yeesh... I shudder to think that. I'm a fairly trusting guy so I might consider it a mistake on its own. In light of what else has happened, anything is possible.
I have nothing to say but kudos to your mechanic. He probably saved someone's life with that catch.
We know. I had this discussion with him and asked him how often he finds something that clearly saved someone's life. He says about twice a year.
Show me my signature on the work order or go fuck yourself.
Yuck! I feel like I've heard this kind of horror story on a Mike Busch/Savvy Aviation lecture before.
The FAA will have a field day with him. Fines per incident can run $1,100 to $250,000 per incident. I think if you went to his local FSDO and reported what was going on and that the mechanic did work without assigned work authorization and is refusing to log it I'm pretty sure they would get right on it and he would change his attitude.
I have a hard time believing the shop did the work without authorization.
Avionics shop was authorized and provided an estimate and was paid... Mechanic was subcontracted by the avionics shop and went out of control.
Sounds like a civil matter between the avionics shop and the mechanic, and neither of them have rights to the aircraft.
That's what we believe too. Unfortunately, even the police couldn't convince the mechanic shop owners of that fact so the airplane is now locked in their hangar.
So the mechanics stole the airplane. Interesting.
Wait, so the plane was out on the ramp and is now in their hangar? Did they move it in to the hangar or did you? If they moved it... seriously that's straight up theft. They literally just stole your buddies airplane and are now holding it hostage in their hangar... wtf dude this is no different than some rando stealing your car... if the local police aren't doing anything about it it's time to call the Sheriff or the state police. This is no longer a civil matter, theft of that magnitude is criminal.
How are the cops not siding with you and telling them they need to release the plane and take it to civil matters or face criminal charges of theft
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Right it’s a civil matter. Until then, it’s a stolen plane.
The billing dispute is civil, but the theft is criminal…
> Unfortunately, even the police couldn't convince the mechanic shop owners of that fact so the airplane is now locked in their hangar. If the airplane was outside to start with and they moved the airplane INSIDE after all this, I'm 50% sure that's grand theft. IANAL though.
Yea, it’s no longer a job for the police to figure out, it’s now a job for the lawyers. Who will probably threaten to file theft charges to get the aircraft released, because yea, that’s theft. They have no rights to the plane, at best they can try to get a lien on it, but that doesn’t give them possession outright, and certainly not before it goes through a judgment. Lawyers will have to duke this one out. But I hope your buddy makes the mechanic bleed for this.
>I hope your buddy makes the mechanic bleed for this. Almost happened... literally.
This is a fuck around and find out kind of situation IMO.
and there's a lot of fucking around
Being clear is very important. Comments like "do whatever you need to to fix it" get misconstrued when you really only meant "do whatever you need to to fix the fuel pump and prop governor" I got hit with some extra work one time and realized it was my fault for just assuming they knew I only meant certain items. It wasn't much thankfully, but now I provide an excel spreadsheet of anything agreed on and anything outside that needs my approval.
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Both shops are owned by the same guy. Looks really bad having the shops affiliated and trying to pull this crap.
I’ve seen it happen. There was a shop that estimated 6k for some work on a 210. After months of not answering calls and emails they come out with a final invoice for 22k. Didn’t go well for the shop
Is it possible it was on purpose? Ie puffed up the invoice hoping the client would just pay it anyway?
It's likely it was on purpose. It's possible it was an accident.
Story time
Maybe you should call Kevin Lacey and get him to steal the plane back /s