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iieee_grrl

Junior Member
What is the name of your state?What is the name of your state? Oklahoma

The issue is with a painter. We had a painter come out and give an estimate. The estimate was for $1200 to replace some rotted wood on our house, caulk, and paint the exterior. Verbally, we agreed to a completion date of the Saturday prior to Memorial Day. That day passed, I contacted him that morning, and he said he had gotten behind and would start on Tuesday. Once again, that day passed with no show/ no call, so I contacted him again. He said he would start that Saturday. Same story. This happened one more time. I come home on a Friday, 21 days after the original date of completion, to find him caulking the house. Since I had not heard from him in 2 weeks, I had arranged for someone to, ironically, start the next day. I went inside, and while inside, he left. I called him and told him to stop working and that we didn't want him to paint. I told him that I didn't know he was going to be there that day, and that the work was substandard. He said he would bring by a bill.

For starters, he didn't do the caulking appropriately. The vendor of the materials said it has to be applied to a clean, dry surface. I have photographs of the caulking applied over bug-guts. He also had caulked wood that was to be replaced, according to the estimate. He gave me a bill, stating that since he was planning on working for 4 days, that we owed him for 1/4 of the total bid. I know that he did not arrive at the house prior to 12:00pm, and he left before 3:30pm. I had called his number and left a message stating that we were disputing the bill and that he needed to contact us. This was a week ago. He calls today and says that if we do not pay in full, he is placing a construction lien on the house. What should we do? The work was not worth what he is billing us for - we had to have it redone after the house was washed. I also feel he was in breach of contract because he did not show up or call on 4 different occasions.

Where should we go from here??
 


shortbus

Member
Your error. Right after you hired the new painter, you should've called the first one to formally cancel.

A court is going to ask whether the first painter was reasonable in assuming you still wanted him to do the job. Since you didn't cancel, he probably was reasonable. Thus you owe him for the value of his time (even if the value of the work was $0)
 

iieee_grrl

Junior Member
My bad - a correction

I failed to mention, I left a message on the voice mail of the contractor the Monday prior to the Friday he began work. He never returned the call. I had told him I needed to speak with him before he came back out to my house. So does that still apply? Also, I found out that the way he did the work violated the manufacters warranty on the materials, is there anything I can do about that?
 

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