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Fellow listers -
I wanted to weigh in on this D2A issue from perhaps just a tiny bit more legal perspective.
I have waited to do so but in light of Joe B.'s recent posting, feel now is an appropriate time.
First I want to clarify that I do not own a Chelton product, I have never talked with anyone at D2A or Chelton, I did not buy my engine or panel from Lancair, but did attend a three week build shop.
1 - I do not believe there is any duty or financial liability on the part of Chelton, absent some express agency or contract agreement. Legally it is known as "standing" or "privity of contract". Brent gave an excellent example of this earlier.
2 - I do not believe anyone who is out money has a snowball's chance in hell of getting any relief from bankruptcy court - your are all unsecured creditors. Unless of course you are :<)
3 - Blatant allegations of fraud or criminal misconduct, absent a reasonable inquiry or due diligence to determine their accuracy can amount to libel or slander.
4 - Lawyers are very expensive.
5 - Out of town lawyers are even more expensive.
6 - Lawyers who represent pilots building $400,000 - $500,000 + airplane are really expensive.
7 - Out of town lawyers representing pilots building $400,000 - $500,000+ airplanes are really, really expensive.
8 - A participant in litigation will pay an expensive price for that litigation - and in this context I do not mean in dollars. Stress, aggravation, time gathering documents, time to travel for depositions, or creditor meetings if you are one, responding to subpoenas, etc, all will take an emotional toll - trust me I see it everyday in my clients even the ones with lots of money.
All that being said, it is time to deal with reality.
What Joe B. said this morning is the most important thing that thos owed products by D2A should pay attention to - LAWSUITS ARE EXPENSIVE!!!
No credible lawyer would ever dream of suing a "defunct" company over $4,000 - $10,000. Okay, maybe $10K if you lived where D2A was incorporated at, or based out of and you brother was the lawyer.
Home field advantage, like football, means an awful lot even - in the legal arena.
My builder broke our contract build price by over $15,000. You know what I did, I paid him. I did not want to fight a long distance lawsuit and get a headache everytime I looked at my plane. I wanted to enjoy my plane.
Morality, ethics and principle should NEVER be the used in the decision to sue or not to sue. Any credible lawyer will tell you, the decision you make in the instances need to be based solely on economics> There is no place for emotions in the courtroom unless you have money to burn.
I have no idea about why D2A went bust, no idea about their contractual ties to Chelton, but I will tell everyone out there without hesitation, how could you not take advantage of what Joe B. is offering? Economically/legally speaking - which is what a court would use - you are being made completely "whole" by Joe's offer. You are in the same position economically that you were before. You pay 1/2, they pay 1/2 and give you credit for your 1/2 towards a future purchase - what is there to think about???? True, actual cash might not be the same but I strongly doubt that any court would ever care about that. You have an equity interest in the same amount and that is usually always sufficient for a judge.
Go ahead and chastise, speculate all you want, it won't get you flying. I could have sued my builder, you think it would have put me in the air quicker - No way.
For the record, I did not get a Lancair engine because I wanted a larger bore and did not even know Lancair was selling remanufactured TSIO-550, they might not have been when I was the in June of 2003. When I was at Lancair, it was shortly after Joe took over and as far as my panel goes, I was the unintentional victim of the natural transition in management.
I consider myself a proud supporter of Lancair and their products. You should too if for no other reason they need to stick around to support us. They certainly have supported me and if you have a problem, call Joe, trust me, he wants you too.
Remember, none of this is legal advice, just my 2 cents.
Craig B.
L-IV-P 798CB flying
interior almost done
---- Original Message ----- From: "Marvin Kaye" <marv@lancaironline.net>
To: <lml@southeast.rr.com>
Sent: Monday, January 08, 2007 10:48 AM
Subject: [LML] Re: D2A
Posted for "Bryan Burr" <bjburr@mwheli.com>:
Joe,
That is a most generous and fair offer. It certainly solves the problem
and avoids the confusion and frustrations of law suits that would
probably end up with everyone loosing. You should be commended.
Bryan J. Burr
N132BB
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