Removing a frame cross member for dump hoist.

[LD1]

Interesting story.

I do mechanical work (equipment, trucks, trailers, etc) a few days a week for a buddy's landscape company.

This buddy has a partner that I don't really get along with and is a worthless POS in my opinion.

My latest project involved removing a flatbed from a 2005 F450 and putting on a used dump bed they purchased.

Last Monday....I got the flat bed removed...which was wired (lights and trailer plug) in a whether tight box. I wrote on a tablet wire colors and where they all went and left the box wired to the truck so I only needed to rewire lights and trailer plug when nee bed was on.

The owner I don't like text me that night and said don't worry bout coming in because he was gonna clean and paint the frame. Well all he did was a 2-rattle can job...lol. Totally removed all the wiring to the truck box and just thought I'd figure it out

Anyway....I digressed. Rather than let me install the bed....de decided he wanted the glory of doing it himself. And in doing so....he cut out the cross member that ties the frame rails together right at the front spring perches.

This kinda irritated me that he wanted to take over the project.....but now it's at a point I don't want to touch the truck for safety/liability reasons.

See, I'm a contractor. And buddy's partner that I don't like makes that known every chance he gets. And if something happens I don't want it coming back on me for working on this truck since I'm the contracted "professional".

My gut tells me to just walk away from this project....but I thought about a waiver. Have them sign a waiver releasing me of any liability regarding this truck/frame/cross member. Because I don't know just how structurally important it is. Probably something I would do if it was a beater wood hauling truck or something.

But I worry a waiver is an admission to knowing there was a safety concern...that would now be documented....and wouldn't be worth the paper it's written on.

Thoughts?

 

[LD1]

 

[oliver1555]

I wouldn’t walk away from that. I’d run!

 

[bcp]

I don't want to touch the truck for safety/liability reasons.

^^^^^^

Bruce

 

[Hay Dude]

Write a notarized letter to the partners stating you are aware the crossmember has been cut by another party, it was not your intention to cut the crossmember and you are absolving yourself from any liability caused by this action.

 

[crashz]

LD1 - I have a 2003 F450 dump (similar). In my opinion, that crossmember is a vitally important piece to the structure of the truck. It braces the frame rails and connects the two, sharing the load so to speak. Even more importantly, it resists the rotation of each rail when a load is placed on the chassis due to the outboard spring perches. Those spring perches are cast too. I can see them cracking under extreme torsional loading.

On the liability end, I really can't say. Seems to me the only way to not be responsible for the disaster that will happen is to stop working for them immediately and document why in an email. Have a frank conversation with your buddy too, because he is directly in the crosshairs if the worst happens.

 

[ROUSTABOUT]

Dufus could have just raised the stature of the bed, if it was too low. What will happen is they will have a wet load. Raise the bed and it don't move to slide out. The fronts of the springs will spread outwards to hit the tires. I've fixed that situation before. I'd stay away or bolt another cross member in. I guess automakers randomly throw extra cross members in because they are all about saving money? No, what you end up with is what you absolutely have to have.

The only ship that wont float is a partner ship. You need employees not partners.

 

[LD1]

Write a notarized letter to the partners stating you are aware the crossmember has been cut by another party, it was not your intention to cut the crossmember and you are absolving yourself from any liability caused by this action.

My issue is if I put it in writing.....that makes it black and white proof that I knew about the issue.

Im further concerned even touching the truck.....for reasons not related to the cross member. Like even doing an oil change....

While I have never known anyone that it has happened to....I have heard rumors that if a shop works on a vehicle....like doing an oil change, and there is a safety issue with the vehicle....that the shop can refuse to let the owner take the vehicle unless by trailer or tow.

Kinda the same boat. If I do other service on the truck....and knowingly let it leave the shop in an unsafe condition.....is a notarized or signed waiver even enough?

 

[Hay Dude]

My issue is if I put it in writing.....that makes it black and white proof that I knew about the issue.

Im further concerned even touching the truck.....for reasons not related to the cross member. Like even doing an oil change....

While I have never known anyone that it has happened to....I have heard rumors that if a shop works on a vehicle....like doing an oil change, and there is a safety issue with the vehicle....that the shop can refuse to let the owner take the vehicle unless by trailer or tow.

Kinda the same boat. If I do other service on the truck....and knowingly let it leave the shop in an unsafe condition.....is a notarized or signed waiver even enough?

Right, and you want THEM to know, that YOU know. You want a certified record.
Walking away leaves you more liable in the future. One could argue you knew, but didnt report it.
Might want to keep those pictures around, too

 

[truckdiagnostics]

But I worry a waiver is an admission to knowing there was a safety concern...that would now be documented....and wouldn't be worth the paper it's written on.

It is a beware of dog sign don't do it. You put up a beware of dog sign, that is admitting you knew the dog was dangerous. Your the professional your supposed to know better. Never liked waivers.

Kinda the same boat. If I do other service on the truck....and knowingly let it leave the shop in an unsafe condition.....is a notarized or signed waiver even enough?

Correct you really can't defend yourself. Your the professional other guy isn't in court your the one that should know better. a waiver just says that you did. When i worked for an oem we were real careful with beware of dog signs. if we put a sign on the vehicle don't stick your head in the fan, we had to make sure we did everything we could with in reason to keep you from sticking your head in the fan. The slipping on the step sticker took forever to get through.

In a law suit the deepest pocket pays.
So if he has a fancy landscape company and all kinds of assets and insurance and your making money on the side for cash, they will go after him. Don't put anything in writing, tell him verbally, take his money and move on.
Save the pictures, you'll be fine.
What you do moving forward is more the question because your in a tuff spot as he may think it is ok to do that in the future.
Things change however if you have your own shop and company and if that is the case do what others have said run.