On Dec 16, 8:03 pm, Mike Spera wrote:
Without even opening the FAR, I would think the
A&P would be at least partially at fault for not
making the repair in a "competent and workmanlike
manner", the minimal legal standard for *any*
repairman.

The wrench may not be at fault in any way, even a little. He/she could
have been competent and workmanlike all day, but if the parts provided
were of the wrong metallurgy, the problem will still be there. The
mechanic has to depend on the FAA doing its job to provide oversight on
the parts manufacturer and overhauler. If they provide the mechanic a
defective part/overhaul that has no apparent visible flaws (and all
required FAA pedigree paperwork), he/she has done their job. The
bushings may have been properly reamed and "free" operation ascertained.
But if the parts were incorrect, they would have galled up anyway.

Again, hard to tell with the available information.

Good Luck,
Mike

In Canada the philosophy is to have a big enough legal
threat to make the mechanic, supplier, or anyone else involved think
twice before scamming the system. The person's signature opens him to
huge liability if some lawyer can convince a judge that he
intentionally messed up. "Oversight" and other sorts of control are
really effective only if there are lots of government inspectors and
bureaucrats to catch the devious, and that would mean huge taxation
and fees and all the rest, as if it wasn't bad enough now. Individuals
must take responsibility and act responsibly even if the government
isn't constantly watching, or the whole structure of democracy falls
and we end up with anarchy or a dictatorship. If we act like toddlers
who are into mischief as soon as Mom isn't looking, we're no better
than brats and deserve no better than the brat.
But people, being human, still screw up. We bought a Lyc
factory overhaul, complete with brand-new carb, and that engine ran
rough in the full throttle climb, improving if we leaned it a lot.
Turned out to be a missin accelerator pump check ball spring, so that
venturi vacuum sucked extra fuel past the check and out the
accelerator nozzle.
Stuff like that happens. Runs rough, doesn't quit. Worse is
the Lycoming crankshaft fiasco, with cranks that really might actually
break in flight for no good reason. That's not acceptable, and their
handling of it isn't either.

Dan