We are building an RV-8 and have taken delivery of a QB fuselage, QB wings, and empennage kit. We have completed fabrication of the empennage kit, and have started work on the wing. All of the kits we have received are compromised by laser-cut parts. At this point, no communication has been received on how Van's intends to address builders who are in possession of kits compromised by laser-cut parts. We are uncertain how to proceed with regard to the Notice of Bankruptcy that has been received. Thoughts?
I sent the following inquiry this morning to the BMC Group, the Debtor's Noticing and Claims Agent handling Van's bankruptcy petition:
We have paid for, and are in receipt of an RV-8 QB fuselage in which laser-cut parts are embedded within the fabricated structure. These parts are deemed "Replacement recommended: Primary Structure, susceptible to fatigue damage with high stress and high numbers of loading cycles, or in a location of where if a part were to fail there is an insufficient level of redundancy." We have completed fabrication of an empennage kit that is similarly compromised by laser-cut parts. We have ailerons and flaps that are also compromised. How will these deficiencies be addressed? Will Van's be providing monetary compensation for having not delivered a QB fuselage kit, empennage kit or ailerons and flaps free of defects? Will Van's be providing and shipping a new QB fuselage kit, empennage kit, ailerons and flaps at their own cost? Will Van's be correcting the deficiencies at their own cost? Or is it Van's intention to provide no remediation or compensation of any sort to builders who are currently in possession of kits and sub-assemblies compromised by laser-cut parts? In short, when will a plan be provided, and what will the plan detail, for how Van's will adjudicate kits which have been delivered and are structurally compromised by laser-cut parts? Please understand that these questions are wholly salient and germane to our continued relationship with Van's Aircraft. They require an immediate response in order for us to make a fully-informed decision on how to proceed with regard to the Notice of Chapter 11 Bankruptcy which was received yesterday, December 19, 2023.