Paint Job Prep Problem - Posted by ErickaD

Posted by Rich on March 21, 2006 at 23:46:52:

Its unlikely to be worth spending any more time on.

Paint Job Prep Problem - Posted by ErickaD

Posted by ErickaD on March 20, 2006 at 14:01:09:

As I am going to be involved with contractors with my own real estate one day, I have run into a problem with the guy who is supposed to paint my parents’ house that could help me know how to handle problems. The guy came today to remove the wallpaper. He removed the wallpaper and also proceeded to put some cracks in the floor tile with his ladder. Basically, my mother figures that if he is damaging things before he actually starts painting, there is no telling what he paints like. He is not coming back per her instructions, except to pick up his tools. Of course, now I have to tell him this even though I didn’t hire him. What happens to the 1/2 deposit that she paid him? I would like to ask for a portion of it back, especially since he has damaged the tile. We don’t necessarily have to replace the tiles. It is just that they were smooth before he came today. What is the best course of action?

Thanks,

ErickaD

Re: Paint Job Prep Problem - Posted by Rich

Posted by Rich on March 21, 2006 at 15:32:50:

I would think you’d have a case for a refund. If you paid in cash, however, you’ll probably have to go to small claims court to get it back. If you want to be generous, you can offer him his hourly rate for the time he was on site minus the cost of replacing the tiles, so he knows what the problem is. But if he gets hostile, go to court as a judgement is solid case to get a mechanics lien removed should he try and stick you with one.

Do you have a written contract? What does it say?

If not, you may need an attorney to tell you what the laws say.

Re: Paint Job Prep Problem - Posted by ErickaD

Posted by ErickaD on March 21, 2006 at 16:56:51:

No, there was no contract and no verbal agreement if something went wrong or he didn’t finish the job. This is definitely an argument for having contracts even on these small jobs. Just so you know, the deposit was $250. I figured paying him his hourly rate since he did come for about 4 hours and remove the wallpaper. We don’t necessarily have to replace the tile, but the grooves and chips are noticeable to us. You are probably correct about him not wanting to pay the money back since my mother paid in cash. It may not be worth the time and effort in small claims court, even though I have never been to small claims court.

Thanks,

ErickaD

Re: Paint Job Prep Problem - Posted by Rich

Posted by Rich on March 21, 2006 at 17:34:58:

How much was the full job supposed to cost? I ask only because if he’s a nasty person, he may expect payment for the full job and hit the house with a mechanics lien if you don’t pay. But without a contract he’d be hard pressed to back it up.

Re: Paint Job Prep Problem - Posted by ErickaD

Posted by ErickaD on March 21, 2006 at 20:51:36:

The total job was supposed to cost $500. He wanted 1/2 of the deposit upfront.

Thanks,

ErickaD