HE WAS CONTRACTED MID JULY TO PAINT OUSTIDE OF OUR HOUSE AND STILL HASN'T FINISHED BY THE BEGINNING 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 AND SUE US!!
This is becoming very exspensive.... !!!!!!!
2007-09-06 17:52:10 · 6 answers · asked by Hope 1 in Politics & Government ➔ Law & Ethics
Legally he breeched the contract already-- The job was not completed on august 9th. HE should refund you the money you already paid him and hire someone else. He can NOT sue you for hiring someone else because the contract gave HIM a deadline that was not met. Let the guy rant and rave, call a police officer to your house, show him (or her) the contract, and get the officer to see that the job is not completed, and get the officer to document this on the report. Then you call in another painter, and go down to the courthouse to file a claim against the painter to recover the initial payment. If you can, take pictures of the paint runs, inconsistent coloring, and the wood that was left exposed. If the guy DOES try to sue, just take the DOCUMENTED police report and pictures along with the contract to the courthouse, the judge will see the "job to be completed by..." date on the contract, the date of the police report (which will be a month after the job was supposed to be done), and PICTURES that will prove that the job was not done. The judge will then most likely order the plaintiff to pay you back the deposit you paid. You could possibly even counter sue for damages.
2007-09-13 07:07:20 · answer #1 · answered by Lazerus JPA 3 · 0⤊ 0⤋
I would take pictures of the work done , and perhaps sue in small claims court. That has a limit depending on your state so it might not cover the damages.
He seems to be in clear breach of the contract. If the amount is much above the small claims limit you might talk to a lawyer about a full lawsuit .
He cant get a lein on the house without court action .
I would NOT hire another contractor until the lawsuit is finished unless a lawyer advises you , you dont want to have to pay both .
Just a thought but if he is a licensed contractor you might contact the local building inspector and ask how to lodge a formal complaint as his work is below any accepted professional standard. Some states have a dispute mechanism where another contractor examines the job and writes a report on the quality of it . If it is substandard they may recify it at no further cost to you , and the contractor may lose his license .
2007-09-06 18:07:14 · answer #2 · answered by mark 6 · 0⤊ 0⤋
Talk to a laywer at the legal aid society of your city Some companies even offer a benefit for prepaid legal services if the company you work for has this option and you signed up for it then talk to them.. Also call the BBB and ask them for a recommendation of an attorney. Many attorneys offer a free counseling session and then work on a contingency fee basis. There are many options out there just look around out there. and I do believe that at one time he could put a mechanics lean against your house, although I don't know if that is still possible. That is a question for your attorney. Personally I would follow everyone elses thoughts on taking lots of pictures and then sue him. With a discharge of all current and future liens from him being part of the case.
2007-09-14 15:57:17 · answer #3 · answered by Donald C 3 · 0⤊ 0⤋
well the first thing i would do is take a ton of photos of all the bad work he has done. if you have a contract that says he will be done by august 9 and he is still not done then he has already broke that contract. now if you have the money i would call a lawyer and sue him next for the crappy job he has done so far. as far as him putting a lien on your house and suing you that is crap. He would have to prove what he did and that he held up his part of the contract, and with all the photos you are going to make he will loss very fast.
PS i am not a lawyer so you know
2007-09-06 18:10:33 · answer #4 · answered by shellafee1075 1 · 0⤊ 0⤋
How large is your house? Normally, it takes 2 days to paint the exterior/ What is he doing painting it for 2 months? He is clearly in breach of contract. Fire him, sue him for the first half you already gave him to get that money back, and hire a professional painter! You have been too nice to him and he is walking all over you right now and for the last two months.
2007-09-06 18:12:53 · answer #5 · answered by OC 7 · 0⤊ 0⤋
It sounds like HE is in violation of the contract. You should sue him. He is just throwing smoke at you. Fire him, then sue him in small claims court.
2007-09-06 18:02:21 · answer #6 · answered by Doctor J 7 · 1⤊ 0⤋
You paid him to do a job and he didn't complete in a timely fashion.Why don't you take him to court instead ?
2007-09-14 04:32:51 · answer #7 · answered by kia 4 · 0⤊ 0⤋