Migliaccio & Rathod LLP is investigating whether Hitachi Construction Machinery improperly restricts owners and independent mechanics from diagnosing, repairing, programming, and calibrating Hitachi equipment by limiting access to proprietary software, technical information, and electronic service procedures.
What Equipment Owners Report
Owners and independent repairers report:
- Needing manufacturer-specific tools for complete diagnostics.
- Being unable to perform certain software resets or electronic calibrations.
- Replacement controllers requiring authorized configuration.
- Paying dealership charges for programming after replacing physical parts.
- Waiting for dealer technicians while machinery remained unusable.
- Experiencing project delays and lost revenue.
- Being unable to use a preferred independent repair shop.
- Receiving limited disclosure regarding proprietary repair requirements.
Why Equipment Owners Should Be Concerned
Hitachi excavators and other construction machines rely on electronic controls governing hydraulic performance, engines, emissions systems, and safety functions. A repair may remain incomplete if the machine requires proprietary programming or calibration after the replacement part is installed.
Owners may be forced into an authorized repair network even where an independent mechanic is otherwise capable of completing the work. This can reduce competition, raise repair prices, and extend downtime for commercially essential machinery.
Potential Claims May Include
- Unfair and deceptive trade practices
- Failure to disclose material repair limitations
- State consumer or business-protection violations
- Breach of contract
- Breach of express warranty
- Breach of implied warranty
- Unlawful repair-service tying
- Monopolization or attempted monopolization
- Unjust enrichment
Signs You May Be Affected
You may be affected if:
- You own or lease Hitachi construction equipment.
- Your mechanic lacked access to a required programming or calibration function.
- A replacement electronic module required dealer setup.
- You paid a dealer for software activation, code clearing, or calibration.
- Your equipment remained idle while awaiting authorized service.
- You incurred rental expenses, project delays, or lost revenue.
- You were told that only a Hitachi-authorized dealer could complete the repair.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.