Vancouver luthier lawsuit

[Anonymous75966]

For the record:

I've received a decision from British Columbia Small Claims court in my dispute with luthier Geza Burghardt over an unsatisfactory repair job from July 2006 (which was discussed here at great length).

Court has dismissed his claim against me for the balance of the bill which I withheld, and awarded me partial damages on my counterclaim.

In other words: I won, and I get a big chunk of my money back.

I'll post more details once I get the full, written judgement.

Once again, thanks to folks here for their support and solidarity.

Woo hoo!

[Jake deVilliers]

Congratulations Dave!

I'm glad it worked out for you - a lot of trouble compared to just turning the other cheek but a successful outcome - priceless!

[Francois Blais]

In my humble opinion, Talkbass, and public forums, are not the place to discuss the outcome of a court judgment.
And do you think that luthier would have posted this here if HE had won?

He may now sue you for an attempt to his reputation...

[GerardSamija]

Having appeared as an expert witness in this proceeding, and as such having studied many elements around this luthier's work quite carefully, I feel well placed to comment on this. Of course I am not a legal expert, nor do I pretend to know what specific rules may be in place regarding public discussions pertaining to a small claims court matter within Canada or British Columbia specifically. However, it does seem to me prudent to say a couple of things.

The worker in question is capable of remarkable, perhaps close to perfect craftsmanship. His guitars are made to a standard very few can hope to attain. A bit of research online can display some of these instruments, if not many, and they are magnificent to behold in detail and in finish. His finishing work, specifically French polishing technique, are famous throughout the guitar making community.

This is in large part why I was alarmed by the particular case brought to my attention by the poster of this thread, and another thread related back in 2006. While the general craft of the replacement fingerboard and bridge were also of a high standard, there were elements of materials choice (a knot, covering more than 60% of the width of the fingerboard, about midway between neck heel and the lower fingerboard end - this in a "$750" piece of ebony), execution (removal of wood from the neck in a most unorthodox fashion, un-asked for and without consultation), and in the outright failure to deliver the requested service. This last is most disturbing, in my opinion, and I would hope in the opinions of any luthiers working professionally. If a client approaches us asking for a smaller radius cut into a new fingerboard, there are two conceivable options; refusal of the job, or execution of installation of a new fingerboard with a smaller radius. This luthier did neither. Instead, he delivered a new fingerboard of identical curvature, very neatly executed, and approximately 30% thinner wood throughout the length. The result? The same problems as before (accidental multi-string playing with the bow when fingering in higher positions), and worse, because the bridge curvature was distinctly flatter. The explanation offered repeatedly in court? Similar work has been accepted and even praised by famous bassists, and so it should be by this bassist.

By this luthier's own sworn testimony before the judge, when she asked specifically regarding the range of situations in which he would feel compelled to replace a fingerboard, he answered "if there was a knot beyond the neck joint" as one such condition. Plainly, the fingerboard put on, at a charge of over $1,400 for part and labour, was at odds with his own professional stance. He performed inappropriately, accoring to his own stated rules, which I happen to share.

For whatever reasons, this luthier decided to do work of a lower standard than is either usual for him or acceptable in general. The judge agreed with the bassist in this regard, and has made an award to that effect. The bassist's having posted news of this result here follows on a very long discussion previously hosted on talkbass, where many professional luthiers shared their thoughts, and most concurred that it seemed to be bad behaviour to deliver such work and appropriate to share word of such behaviour. Some disagreed at that time, as you have here today. Perhaps this is a matter of taste. I doubt that it is a matter of legality, at least in the less litigation-leaning country where we live. A settlement out of court was attempted but rebuffed by this luthier. Time will tell as to whether he learns from this experience, before a judge who in my opinion was both thorough and thoughtful in her discovery of the facts.

[Gufenov]

Originally Posted by francois

In my humble opinion, Talkbass, and public forums, are not the place to discuss the outcome of a court judgment...He may now sue you for an attempt to his reputation...

I respectfully disagree. This forum is THE place for bass players to share their experiences - both positive and negative - with others in the community. As I recall the original thread, the poster sought advice on how to resolve his differences amicably and resorted to legal action only after attempts to reason with the luthier failed. I see no slander in a fellow bassist truthfully relating his / her experience(s).

[Anonymous75966]

Originally Posted by francois

In my humble opinion, Talkbass, and public forums, are not the place to discuss the outcome of a court judgment.

Francois, I really doubt that there's anything questionable, or actionable, about reporting the outcome of a small claims suit over a matter which has already been discussed here at great length.

[mcnaire2004]

Originally Posted by francois

He may now sue you for an attempt to his reputation...

I am no expert on the law, and especially not the law in Canada. But, if he won the case, the luthier can't sue because there wasn't a untruth told. He is just sharing the facts of a experience.

Here, to be sued for slander, you have to say something against their reputation that is not true.

[M Ramsey]

I think it's completely appro for us to discuss the outcomes of this event. I remember the discussion and the advice/opinions given last year and had wondered myself about the outcome.

Public slamming of anyone isn't too nice, but helping to protect others from falling into the same set of affairs is a decent thing to do.

I've discussed this very same thing with many musician friends with regard to unscrupulous promoters in order to help the folks potentially working for the seedy promoters.

[Anonymous75966]

I've posted a pdf of the court decision on my webspace, for anyone interested:

http://www.members.shaw.ca/dchokroun/decision.htm