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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18265
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We had done a paint job on a house that had previously had

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We had done a paint job on a house that had previously had a coating that reacted with the finish. We were asked to do the job, we were hesitant with doing this but as they were acquaintances we went ahead anyway.
We had a reputable paint company look at the job and they said that no matter what we put on the house, it would still bubble and flake.
The owner insisted that we proceed with the job. When we made up the quote we added that due to the nature of the existing condition of the surface, our work would not be guaranteed.
Now the owner is seeking a report from the paint company and seeking compensation and refusing to pay.
They had previously won a compensation for the previous paint job (not done by our company)
What is our legal standing please?
Submitted: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : Your contract did say there was no guarantee of the work, and if you are confident that the work you did, was of good tradesman standards, but the effect of the previous work was always a risk, then in my view you should be able to defend any claim. They chose to proceed with your caution, and therefore adopted the risk and have to accept this.
christhelawyer : in a contract, where you expressly state the problems, and point out that the work may have issues, then they accept those conditions as part of the contract.
Customer:

So if the client goes down the legal path, we should have the upper hand? This client has boasted about previous cases to us that he can get off any law suit and that he can win anything. (I think he is telling pork pies?). We did warn him of the risks. The first problem was when he hired someone who did not know how to coat the surface properly and this has resulted in previous coating to react with the other coatings that we tried to use. The account is now more than 60 days overdue.

christhelawyer : I think he is just trying to put you off although in court cases there are no guarantees of success. But I think you are are on fairly solid ground
Customer:

Thank you

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18265
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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