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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41220
Experience:  Licensed in PA & NJ, Experienced attorney.
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I hired a professional painter to paint the exterior of my

Customer Question

I hired a professional painter to paint the exterior of my home. I hired him and signed a contract detailing the process he would undertake to complete the project. When he was power washing my house to remove dirt and loose paint, he did not put a tarp on the ground. As a result, paint chips were all over my yard as well as the yards of the neighbors on both sides of my house. Both of my neighbors called the Building Commissioner of our city and filed complaints. I was advised by the City Building Commissioner that the painter must follow Environmental Protection Agency guidelines to clean the paint chips and to complete the project. I had the Building Commissioner talk personally to the painter, as well. The painter has returned on 3 occasions for about 1 hour per occasion to clean the paint chips with a shop vacuum. I was told by the Building Commissioner that this is not appropriate for cleaning. The painter has put all the paint chips in my garbage receptacle and I am confident that this should not be taken to a landfill. I tied to hire another painter, but have been told by other contractors that they cannot take this job because there is now a liability because of the paint chips. One other painter tested my house and detected that there is lead paint present. I have been talking to the painter I originally hired on a daily basis. He says he is willing to follow the EPA guidelines. He says that it is his license that it on the line for this mistake. However, he is not being at all expedient in addressing the matter. This all came to light last week, and still paint chips remain all over the place and he does not plan to come back for 3 more days. To make matters worse, I am selling my house and have a written, agreed upon offer from a buyer. However, everything is contingent on this painting matter being resolved. I need to know how to proceed.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. Frankly you should have a very serious talk with the painter and state that if he does not make this a priority you will pursue legal action, specifically by filing a formal grievance with him with the state licensing board (so that his license can indeed be at risk), and suing him for damages to your property AND if you lose the sale, for direct damages to you and your bot***** *****ne, specifically loss of profits. These are all very genuine and legitimate threats that you can undertake if he won't take you seriously, so give him a very very short period of time that if he does not comply, you will pursue him legally and inform the EPA to do the same. Sincerely, ***** *****