BAD PAINT JOB ON HOUSE? CONTRACTOR full of excuses!!?

Question

HE WAS CONTRACTED MID JULY TO PAINT OUSTIDE OF OUR HOUSE AND STILL HASN'T FINISHED BY THE BEGINING OF SEPTEMBER!!!!!
We paid him half up front, with the balance to be paid on completion. The contract we signed said he would be finished no later than August 9th.
The job he has done so far is patchy in places, dribbles of different color of paint runnning down side, bare exposed wood in parts etc, etc, .
He always has excuses , turns up when he likes ! Rarely has done a full days work.

HELP...Legally can he come after us for balance if we find someone else to finish this botched job.....
HE IS THREATENING TO PLACE A LIEN ON OUR HOUSE!!
This is becoming very expensive.... !!!!!!!

Answer 1

You send him a 24 hour notice, demanding that he complete the job immediately. In this notice you include his contract and highlight the day he was to be completed; if he doesn't comply with both immediate action and completion within a specified time, commonly 5 business days, he is through.

Technically he has already made his contract with you moot. He can threaten with a lien, but no court would rule in his favor and you have real worries here. Send the letter and document the job photographically.

Get some estimates on completing your house from other reputable painters. Have the job done and move on, chances are better then good this guy will fade away. Your new painter will be your witness to the previous ones lack of ethic and professionalism.

If you need additional help let me know.

Mike Lonergan
TradesProfessional, Inc
http://www.tradesprofessional.com

Answer 2

If your painter signed a contract stating that he would finish the job by a certain date and didn't, then he is in breach of contract, not you.

I highly suggest you contact a lawyer and have this matter settled. I don't know where you are, but where I come from, you can send an official letter explaining all the trouble. You may then tell the contractor he has xxx number of days to repair the shoddy work. If at that time, the work is still not completed or done poorly, you will hire a new company to repair and complete the work and will be billing him (the shoddy contractor) for it! And as a rule, NEVER hire someone for work like this without getting referrals from friends and acquaintances.

Definitely see a lawyer!

Answer 3

Follow the advice of your first answer [from the Honest Contractor]

here's an interesting tip I found:
Every time you give a Contractor any money, you need to get a lien release signed by the contractor. Never pay in cash, and never pay one of his or her workers, ever!

Why not cash? You have no record of payment. Why a lien release? By signing it the Contractor acknowledges that he has been paid in full to the date signed. Why not pay the Contractors worker? Because, the Contractor can say he never got the check.
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I would find an attorney who will work for a flat fee and will send the appropriate letter outlining your best interest.
It seems to me that the painter has already breached the contract by not finishing.
I would take very detailed pictures of what you described.

This contractor may not be solvent enough to sue for damages, let alone being able to collect.

Do your research before you hire the next painter.
[perhaps join Angies List of referrals]
There is specific clauses that can be included in the contract describing the quality of the materials, the quality of the work, the clean-up and how disagreements are to be settled.

Look into having the next painter post a "completion bond"

this is the best answer I can give you in such a short space.
I hope this will head you in the right direction.

Answer 4

Well lets see, he is endangering the welfare of your house, call your insurance company, they may be able to get him to either finish, or run him off, they have lots of lawyer on retainer.
Contact the better business bureau and report him, then the local TV reporter who loves this type of stuff, maybe a video sting operation. Do not pay him any more money, tell him he has to finish the job as per contract or he will be fired, the job will be done by some one else and he will be billed the difference. Let him file a lien, then sue him for breach of contract, cost of having it done right, court cost and attorneys fees, plus, if he did a real sloppy job and your neighbors or home owners association complained, you have suffered humiliation, which translates into mental anguish, which can be added to the bill. He is a con man and should not be called a contractor. Print this and shove it in his face!!!

Answer 5

Shoddy work and threats.....sounds like a real winner. If your contract states the work to be done by August 9th, I would doubt he could do anything legally but he may try out of spite. Take current pics of the paint job and problem areas so far and document any current and previous contact with him---date, time and what transpired. Find out what it takes to finish the job correctly or to your satisfaction from another company and deduct that from his total. May have to go to small claims court with it. Report him to the local BBB.
Always get three references of previous work history on contractors and try to stay with referrals of family or friends....check the BBB for any complaints.

Answer 6

check with your town or city building dept. and find out what your state requires of home improvement contractors. some states require them to be licensed and pay into a guaranty fund to protect you the homeowner from this type of shoddy work, and strong arm tactics. check with your state dept. of consumer protection, your states attorney generals office, too. and check with your local better business bureau too. as far as finding a good contractor to fix and finish the job, get referrals from friends and family, co workers, neighbors, etc. get at least three bids, check out their work and references, and if they have done work near by, drive by and see how the jobs came out. ask each to describe what your job requires to be done correctly, then choose the contractor that you feel most comfortable working with. good luck, not all contractors are like the one messing with you now.

Answer 7

if your contract was for aug then hes late and you got a case call insurance and a lawyer he dont have any thing because his contract is up so dont worry about that but handle it fast and stop wasting time