Migliaccio & Rathod LLP is investigating whether Komatsu improperly restricts owners and independent repair providers from diagnosing, programming, calibrating, and repairing construction and forestry equipment by limiting access to proprietary software, electronic service procedures, and replacement-component configuration.
What Equipment Owners Report
Owners and independent mechanics report:
- Needing Komatsu specific diagnostic tools to access machine systems.
- Being able to read fault codes but not complete all programming or calibration procedures.
- Requiring authorized-dealer service after replacing electronic components.
- Being unable to configure or activate replacement controllers independently.
- Waiting extended periods for dealer technicians.
- Paying substantial charges for software-enabled repairs.
- Experiencing project delays while machinery remained out of service.
- Receiving limited information before purchase about dealer-dependent repair requirements.
Why Equipment Owners Should Be Concerned
Komatsu equipment increasingly depends on electronic controls governing engines, hydraulics, emissions systems, transmissions, and safety functions. If independent mechanics cannot access the tools needed to complete a repair, owners may be forced to use authorized dealers even after the warranty expires.
Repair restrictions can be especially costly for contractors operating on tight project schedules. A machine that cannot be returned to service may cause rental expenses, delayed work, lost contracts, and additional labor costs.
Potential Claims May Include
- Unfair and deceptive trade practices
- Failure to disclose material repair limitations
- State consumer or business-protection claims
- 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 Komatsu construction or forestry equipment.
- Your independent mechanic lacked access to a required diagnostic or programming function.
- A replacement module or controller required dealer configuration.
- You paid an authorized dealer for software resets, calibration, or activation.
- Your equipment remained idle while waiting for dealer service.
- You incurred rental costs, project delays, or lost income.
- You were told that only a Komatsu 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.