Contactor bids low only to increase price @ the end of job

[cdinapoli]

OHIO:

A young woman painter was hired to paint the interior of my home. Although the agreed upon prices were written on the contract, she is trying to increase money owed by saying she "forgot to include material costs."

It's like she bid low to get the job, then once she had it she increased the price. It is so unfair. If she would have included the "true" amount, I would have hired another painter.

Furthermore, I specifically asked her if the contract included the cost of paint, and she said yes. Now that the job is done, she is saying that she "forgot to include the price of the paint." What are my rights?

Also, when the painters painted my kitchen they forgot to plug in my refridgerator. Therefore, it spoiled most of my frozen foods. I haven't asked for reimbursement.

 

[hexeliebe]

At least you have done something that most people don't; you have a written contract.

Now go back and read it and make sure that the price is inclusive labor and supplies and that there isn't a clause in the contract that stipulates if more supplies (i.e., paint, brushes etc.) are needed they shall be added to the price.

If not, then the painter has to live with the contract as written.

 

[cdinapoli]

The contract reads:

We propse hereby to furnish material and labor -- complete in accordance with above specifications....

The above specifications are: Great room, kitchen, foyer, hallway -- painted two coats

Master Bedroom -- Painted two coats

Trim -- All doors, base, window sills -- painted one coat.

The small print says: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate.

After completion of the job she laid a handwritten invoice on the coffee table of the extra charges. Do I have an argument here?

 

[hexeliebe]

I'll wait until a few others get to the forum but from what the contract says, there was no written order, only an invoice. And that ain't gonna fly.

But as I said, wait for a few more opinions before doing anything or call a local attorney. There are a few people here that know more about contract law than I do but I think they'll agree with me.