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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 38202
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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We are a residential painting company in Wisconsin.

Customer Question

We are a residential painting company in Wisconsin. We recently were kicked off a job when a customer claimed that we got paint on his newly refinished hardwood floors. The work was largely completed with some very minor touchups to finish. When we requested to go and inspect the damages and try to fix them, he flat out refused to let us on his property. We are now headed to small claims court to try and collect on the balance owed. He is counter suing for damages to the floor.
We could have very easily cleaned up the paint had we been given the opportunity. We have a paint expert from a large painting vendor testifying to that effect. Did we have a right to repair the damages?
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
As a general rule, a contractor has a "right to cure" any problems that arise with the job and the customer has a duty of good faith to allow them to try.
Wisconsin has gone further to codify this general rule with Wisconsin Act 201, known as the "Right to Cure" Act, which became effective Oct. 1, 2006. It establishes procedures that are designed to resolve complaints about alleged construction defects by requiring consumers to notify contractors of alleged defects and give contractors an opportunity to cure defects by making repairs or paying money.
Consumers may not initiate litigation or arbitration unless they provide the notice of claim and the contractor fails to respond, rejects the claim, or makes an unacceptable settlement proposal.
The Right to Cure Act applies to written or oral contracts to construct a new dwelling or remodel an existing one. Since painting is typically covered under "remodeling" the Act should apply here.
So the judge should throw out their countersuit because the customer didn't follow the law and give you an opportunity to cure the problem.