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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1917
Experience:  10 years practicing IP law and general litigation
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We had our house and Garage which is vinyl painted by a company

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We had our house and Garage which is vinyl painted by a company that specialize in vinyl sided houses when they finished and we paid them with in a couple of weeks the vinyl expanded and leaving yellow stripes on our gray house and we are not happy with the results. They came out and touched up the yellow stripes with a different batch of gray paint. We have asked the company to fix the problems with the painted areas, first they said they would re-paint but wanted to charge us $500.00 for the paint. We told them no we had already paid to have the house painted and asked them to fix the problem. they agreed to paint just three sides of the house and the front of the garage but want us to sign a new contract that states we will not seek any legal actions against them and when they are done painting that is the end of there obligation if any touch up is needed after that we will be responsible for the touch up. The original contract date was May 29th 2012 and the job was done on July 31, 2012. They came back to do touch up sometime in September and the paint they used was a different color than the original. we were told they would have to come back in the spring because of weather. they did send another painter in the spring but he told us no mater what the paint was not going to match but he would do the touch up and we said no we feel the paint should match that is what we paid for and that is when they drew up a new contract and we are not going to sign it and we are just fed up with the person handling this project. Can we take legal action against this company.
Submitted: 12 months ago.
Category: Legal
Expert:  Timothy D. Smith replied 12 months ago.
I hope this message finds you well, present circumstances excluded. To answer your question in short, yes, you have a cause of action against this company for breach of contract based on what you stated in your facts. If you damages are less than $3,000 you can handle the matter in small claims court in Ohio. If the damages exceed that amount, then you would have to file this in a higher court. To that end, as a good rule of thumb, if you go to small claims court, you can represent yourself without much issue. If it is more, you probably should hire an attorney because procedural issues come into play that take knowledge, skill and experience to properly deal with on most occasions.

With that being the case and with that cause of action certainly in play for you, another avenue you could explore would be to file a complaint against the business through the Ohio Attorney General's Office of Consumer Protection. They can determine if this is a pattern of behavior by this company and even bring civil actions on your behalf if necessary. They can also work to have their business license revoked on occasion.

So, in summary, you do have a cause of action, that if less than $3,000 in value can be handled in small claims court. If more, needs to be filed in a higher court with a higher threshold. You also need to file a complaint with the Consumer Protection Section of the Ohio Attorney General's Office against the company.

Let me what other questions you have on this topic. I want to make sure you are satisfied with the answers given.

Best wishes going forward!
Customer: replied 12 months ago.

Ok so we paid $4341.00 total in that moneys was about $1,200.00 to replace some vinyl sections sand and paint iron rails. we are willing to pay for the job of replacing the pieces of vinyl and painting the rails which would leave the balance at $3,141.00. Would you recommend a Lawyer or small claims court. Would we get at least the $3,000.00 back in small claims.

Expert:  Timothy D. Smith replied 12 months ago.
I recommend small claims court. You could eat the $100+ and still end up better off than paying an attorney, which would probably eat up approximately 35% or more of the proceeds of a successful suit.
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 1917
Experience: 10 years practicing IP law and general litigation
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