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I hired a painter to paint kitchen cabinets they didn't do a…

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I hired a painter...

I hired a painter to paint kitchen cabinets they didn't do a good job, we told them the cabinets needed additional coats they said they only allowed for 2 coats but they didn't prime as stated in the estimate and we had to do additional painting to the cabinets, I told them I had never heard of a paint job of by the coat? Then they returned the doors and drawers some painted some not and did not complete the job because their sprayer broke they said it wouldn't spray the paint, first they were gonna buy a new sprayer then then the next thing I heard they were bringing the doors and drawers back not finished. What is my legal recourse this job is costing me $2,600

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
3/14/2018
Lawyer: Richard, Attorney replied 4 months ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,035
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Lawyer: Richard, Attorney replied 4 months ago

Good morning. First, don't worry about them making any threat of any lien. If the contractor were to place a lien, he would not be able to do anything with it unless he filed a suit and prevailed in that suit. Given your facts, he would not prevail, and the court would simply order the lien released. And, if the contractor doesn't timely pursue the suit, the lien will lapse automatically. It's the contractor who is in default here and you are the one with the recourse. What you want to do is raise the stakes on him so that he knows that not complying with your demands is going to cost far more in the end than simply paying you now. First, get an estimate from another contractor of the cost to properly remediate and complete the job to your satisfaction. Then, send your existing contractor a certified, return receipt requested letter detailing the history, terminating the contract due to his default, and demand that he pay you an amount of money so that when the other contractor completes the job, you have paid in total no more than you would have paid him had he completed the job competently. Inform him that if he does not comply with your demand within a short specified period of time, you will have no choice but to file a suit against him for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, fraud, and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this without a hearing rather than risk punitive damages and the judgments being on his record.

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