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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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NJ I engaged a painting professional to paint my bathroom

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NJ : I engaged a painting professional to paint my bathroom in a decorative stenciled plaster. They provided me written contract which was not signed by either party. They provided 2 color samples yellow and green and I agreed to green. I gave a 50% deposit. Midway during the job I noted that the color looked yellow and not green. I saw the yellow bucket of plaster in the bath They told me it was the the correct color, they were only using the bucket for " mixing" The next day, a Saturday and a holiday, they returned unexpectely and spent all day working on the room. Since then the color is not like the sample, nor is the application like the sample. It is splotchy and patchy. I brought this to their attention suggesting they stop to evaluate, they became very angry and stated that they were not finished, that it was spotchy and I had to wait until they finished to evaluate. They said they don't get paid until they finish. It is now done :it is still not correct. Do I have recourse
Submitted: 7 years ago.
Category: Legal
Expert:  JB Umphrey replied 7 years ago.
Thank you for using JustAnswer!

What do you want to see occur?
Customer: replied 7 years ago.

Want it to be fixed to be correct color texture ( may not be possible because they say color and text are affected by humidity and conditions in house) or changed to something more acceptable without assuming excessive cost. At one point painter told me " wait until it is done and if you don't like it we will paint it out." meaning I would end up paying several thousand dollars only to have my wall painted with a can of paint. We want a product that warrents the cost but don't want to pay the full cost of an unacceptable product. Also don't want to be in court with them.


Expert:  JB Umphrey replied 7 years ago.
Thank you. From what you described, you best option is to negotiate, negotiate, negotiate with them.

However, you can't always reason with unreasonable people.

If you do not believe that the painters upheld their end of what it was that they were supposed to do, you have to give them the opportunity to "cure" the wrong -- at no additional expense to you. If they fix it, great, then you give them the other 50%.

If they don't fix it, you don't give them the other 50% -- instead you do your best to find another painter who will give you what you want...and apply the 50% towards that other painter.

Best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
JB Umphrey and 4 other Legal Specialists are ready to help you
Customer: replied 7 years ago.

removing this finish and re doing does require a bit of labor on their part because they are a business of two. Is it unreasonable of me to get another vendor w more workers to prepare the wall for painting and ask them to re do another application for free or ( ugg discount... still very expensive for me> Thanks

Expert:  JB Umphrey replied 7 years ago.
There is absolutely no harm in proposing that solution to them and see if they're willing to go along with it. Good luck!
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