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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37884
Experience:  16 years real estate, Realtor. Landlord 26 years
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I asked a question yesterday about paying a painter that did

Customer Question

I asked a question yesterday about paying a painter that did a lousy job painting my house. His estimate for paint was way out of line, among other things...a screen is missing and one is bent. Anyway, Am I obligated to pay this man anything? Do I need to pay for all the stain and not his labor or both? What should I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Did you have any type of written contract for the job that specified the price?.If not, did you agree verbally to the quoted price for the job?.Have you suffered damages due to his work that will have to be repaired/redone?..thanksBarrister
Customer: replied 1 year ago.
We typed out a contract, where he specified an amount for labor and one for materials. I don't know about suffering damages or not, but there are lots of small things to be finished that were not done satisfactorily .
Customer: replied 1 year ago.
There is a little ambiguity in the wording of our contract. In one place it says I am responsible for all the materials, including the stain When his total was given, it stated so much for labor and so much for materials. Since he has listed the stain under materials, I'm holding him to his price where the materials include the stain.
Expert:  Barrister replied 1 year ago.
Ok, your written contract will control what the price is and what is included. So if he overcharged you for the job, unfortunately it is too late to negotiate it now. The time for negotiating and shopping around is before you enter into the contract and have the work performed..However, if he did a lousy job, and you have to have it fixed or redone, then you can sue him for the cost of that additional work in having someone else do it if he won't redo it at his cost or withhold the cost from any money you owe him. A contractor has to perform the job with "workmanlike" quality that is on par with other contractors quality of work. So if he did a shoddy job and won't fix it, then you can hold him liable..As for the screens, if he had to take them off to do the job, and they are now missing or damaged, you can charge him the cost of replacement screens or deduct it from what you owe him...thanksBarrister