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Thread: Legal question

  1. #1

    Legal question

    I have a legal question. I am renting hanger space to a fellow for the assembly of his light sport aircraft. The agreement is that he pay me a small amount for the use of the building and my normal shop rate for my services. Turns out he has no experience with airplanes, fuel systems, electrical systems, brakes, engines or anything about mechanical "stuff". I agreed to make his fuel tank and plumb it for him but now am getting in, with feet dragging, way over what I thought I was going to do. My question is, even though he is doing "all" of the work am I going to be liable sooner or later, at his demise, for the advice, help and fabrication on this aircraft. I am the sole proprietor and don't want to risk anything that I have. Thanks.

  2. #2

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    only if someone wants to blame you for his demise.

  3. #3
    Dana's Avatar
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    Sounds like you need to document very specifically what you do for him (and bill for).

  4. #4

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    I suggest that you tell the "builder" that the "education" part of homebuilding begins now. You can point the individual at the EAA resources on the web that describe the topics that must be learned. You could even make working on a part conditional on the owner's completion of the applicable reading/viewing material. That approach will likely be much more rewarding for both of you if the individual in question buys into it.

    Best of luck,

    Wes

  5. #5

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    No, you can't be held liable.*

    Even if one is listed as being a part of the build, the builder himself, as represented by the documents submitted to the FAA, is solely responsible for the aircraft.

    Similarly, Experimental Aircraft are not given any judgement as to their airworthiness by the FAA. Again, it is the builder that does that. The FAA only states that they saw the aircraft complete, with no statement of it's safety.

    * That said, anyone can drag anyone into civil court for just about any reason.
    The opinions and statements of this poster are largely based on facts and portray a possible version of the actual events.

  6. #6
    DaleB's Avatar
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    You might also point out that anything he pays you to do for him doesn't count toward the 51% or more of the airplane that has to be amateur built (unless it's an E-LSA kit)
    Measure twice, cut once...
    scratch head, shrug, shim to fit.

    Flying an RV-12. I am building a Fisher Celebrity, slowly.

  7. #7
    CarlOrton's Avatar
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    continuing from Dale, he also has to be able to convince the DAR/FSDO that he knows every inch of the plane in order to obtain the repairman's certificate. If you did the work without him really knowing what went into it, he may not be able to demonstrate mastery.

    Carl Orton
    Sonex #1170 / Zenith 750 Cruzer
    http://mykitlog.com/corton

  8. #8
    Thank you all. I am not too worried about him, it's his heir that concerns me. I am very sure that he will not be able to get his repairmans cert. He has not been able to grasp the most basic concepts. By the way who normally does the initial flight for these aircraft. With no experience in flying except in the back seat he is convinced and cannot be convinced otherwise that with a Light Sport Certificate after learning to fly in a 7-AC Champ he can handle this "Kite" ,my word not his, for its initial flight and subsequent 40 hours. Tell me I'm not crazy, please.

  9. #9
    cub builder's Avatar
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    Reference him to an EAA Flight Advisor, who will help him to evaluate his skills, advise the correct training to be able to do the first flight and test flying, and can help plan a proper first flight. Or, the flight advisor can help him find someone qualified to do the first flight and test flying.

  10. #10
    Sam Buchanan's Avatar
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    I have to ask.......why in the world did you get yourself into this predicament? Was it that important to rent part of your hangar?

    You need to extricate yourself from this arrangement as soon as possible....if continued, this will not end well.
    Sam Buchanan
    The RV Journal RV-6 build log
    Fokker D.VII semi-replica build log

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