Luthier Damage: “Repair Shop Ruined the Finish: Bailee Coverage”

I took my vintage Les Paul to a local shop for a refret. When I got it back, there were chips in the lacquer along the fretboard, and the binding was melted in one spot. The luthier shrugged and said, “It happens.” My insurance denied the claim because “damage caused by repairing, restoring, or retouching” is a standard exclusion.

Key Takeaways

  • The “Workmanship” Exclusion: Almost every property insurance policy excludes damage caused by the process of repair. If you hire someone to fix it and they break it, your insurance won’t pay.
  • Bailee’s Customer Insurance: The repair shop should have “Bailee’s Coverage.” This covers customers’ goods in their care. You need to file the claim against their insurance, not yours.
  • Contractual Waivers: Check the repair ticket. Did you sign a waiver saying “Not responsible for finish damage”? This might block your claim against them.
  • Heritage Exception: Some high-end policies (Heritage) have a “Resulting Damage” clause that might help, but they generally won’t pay for the poor repair itself, only if the repair caused a fire or something catastrophic.

The “Why” (The Trap)

The trap is “Performance Risk.”

Insurance covers fortuitous accidents. It does not cover bad service.
If you hire a bad plumber, insurance doesn’t fix the pipes.
If you hire a bad luthier, insurance doesn’t fix the guitar.
You voluntarily handed the item to them to be worked on. You assumed the risk of their competence.

The Investigation (My Analysis of Liability)

I analyzed how to protect against the “Oops” moment.

The Shop’s Insurance

  • What to ask: “Are you insured for damage to customer instruments?”
  • The Reality: Many small-time techs have no insurance. If they ruin your guitar, your only option is Small Claims Court.

Your Insurance (Exclusions)

  • The Clause: “We will not pay for loss or damage caused by… repairing, refinishing, renovating, or restoring.”
  • The Exception: If the luthier drops the guitar and the headstock breaks, that is “Accidental Damage,” not “Workmanship.” Frame the claim carefully (and honestly).

[IMAGE: Macro photo of chipped nitrocellulose lacquer along the edge of a guitar fretboard]

Comparison Table

Damage TypeYour InsuranceLuthier’s Bailee Insurance
Bad Fret Job (Buzzing)DeniedDenied (Quality issue)
Chipped Finish during workDenied (Workmanship)Covered (Negligence)
Shop burns downCoveredCovered
Luthier drops itCovered (Accident)Covered

Step-by-Step Action Plan

  1. Vet the Luthier: Check references. Ask about insurance.
  2. Take “Before” Photos: Document the condition thoroughly before handing it over. Prove the chips weren’t there before.
  3. Read the Work Order: Cross out any “Not responsible for damage” clauses before signing, or find another shop.
  4. Demand Their Insurance Info: If they ruin it, demand a Certificate of Insurance and file a claim directly with their carrier.

FAQ

Can I sue the luthier?
Yes. Small Claims Court is effective for this. Bring your “Before” photos and a quote from a better luthier to fix the mess.

What if they deny fault?
It becomes your word against theirs. That’s why photos are critical.

Does refinishing lower value?
Yes. A refinished vintage guitar is worth 50% less. You can sue for this “Diminished Value.”

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