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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55605
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Am I legally obligated to pay a painter job badly done

Customer Question

Am I legally obligated to pay a painter for a job badly done on my house? Drips, over-painting, some under boards not painted, etc. His "estimate" for painting the house was about 15 gallons and he had to use 17 gallons. I'm not pleased at all with his work. We have a hand-written contract for a certain amount.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Good afternoon. My name is ***** ***** I look forward to helping. You are not. If he did not complete the job in a satisfactory fashion, then he's the one in default for failing to perform and thus, in breach of contract.. If he won't resolve this voluntarily to your satisfaction, you want to raise the stakes on him. First, get an estimate from another painter of the cost to properly complete/remediate the job. Then, send the existing painter a certified, return receipt requested letter detailing the history and his default, and let him know you will paying him the excess of: i) the original contract amount, less ii) the amount it costs you to have the other painter to finish the job since you not longer have any confidence in him. Inform him that if he does not agree and files any kind of suit against you, you will not only contest any suit vigorously, but file your own counter suit for gross negligence, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!