Backing out of a "contract" for painting.

[Steve Bertrand]

I reside in upstate new york, near the syracuse area.

I recently had an estimate given by a painter about 3 weeks ago to paint my house and various other repairs.

I decided to go with him and notified him about 2 weeks ago and he then said that he would get back to me with dates to do this.

In between that time, a friend of the family that was needing work asked if he could do the job. The cost of the job was about 4000 dollars.

So I told the first painter that I didn't want to go forward with the painting with him. He did not send me any dates, but says that we had a contract and that he is going to persue me legally about it.

We did email and I did agree to have him do the job. No written contract has been signed, just informal emails. He says that he had planned to work on my house sometime next month(June).

I wanted to know as a consumer what am I liable for in regards to any payments if any to this first painter.

Also, I am wondering if painting and repair of the home falls under consumer law for home improvement. In which case, all contracts for work over 500 dollars need to be done in writing, but I'm not sure if it applies to this case.

Thanks,
Steve.

 

[shortbus]

http://www.oag.state.ny.us/consumer/tips/home_improvement_fact_sheet.html

If your emails weren't consistent with NY contract law, your friend doesn't have much of a case.

If no contract exists, bear in mind he could still make a claim for promissory estoppel against you.