Fired from a Painting Job

What is the name of your state? Colorado

I was painting a clients house and within one day of being finished when the clients claimed I had painted her deck the wrong color. I knew I hadn’t and I have a witness to the agreement but agreed to repaint it to be done at no cost. The only stipulation was that I was going to require her to sign a contract agreeing to the color choice this time. After several attempts at this, she fired me instead.

I have completed 95% or more of this job at the best quality money can buy, over and above what we agreed on originally. The only down side is that since I was only 95% done there are several loose ends that need to be dealt with. Like cleaning up paint drips, and finishing the fence.

Unfortunately, I do not have any signatures from this client on anything, but I do have email agreements for everything. This is also not my profession so I am not licensed with the state or the county. I was originally hire to do some small handy man things for her and then ended up on this job.

So the questions are:

Does she have the right to hire another painter and make me deduct his expenses from my final bill even though I am in default of nothing?

If I hire a lawyer and need to sue for breach of contract can I recover those expenses?

Thank you

The amount she currently owes me is $2400 dollars. Is it worth dropping $401 dollars of this total so I can avoid legal fees and deal with this matter in small claims court?

Can I file a lien against this client as an unlicensed painter?

yeah, that should give you about half of what you are going to need to defend yourself when you are charged for contracting without a license.

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So what you are saying is I should settle out of court?

I do not know if you needed a license for painting....I doubt that.

If the lady will not pay you and you have the emails, then you should sure her in small claims court...if the max amount is $2000 in small claims court, then ask for $2000. The $400 would not be worth it to go to the big boys court. Make sure you print out everything you have since you will only have one shot to present what you want. A verbal contract is still an enforceable contract ... just harder to prove. Photos are always helpful.

Good luck.

IndianaOwner said:

I do not know if you needed a license for painting....I doubt that.

If the lady will not pay you and you have the emails, then you should sure her in small claims court...if the max amount is $2000 in small claims court, then ask for $2000. The $400 would not be worth it to go to the big boys court. Make sure you print out everything you have since you will only have one shot to present what you want. A verbal contract is still an enforceable contract ... just harder to prove. Photos are always helpful.

Good luck.

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are you nuts?? of course you need a license to do business as a painter. Or you need to fall below the contractor level of job cost.

fairisfair said:

are you nuts?? of course you need a license to do business as a painter. Or you need to fall below the contractor level of job cost.

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In the state of Colorado, and in the city Denver, excluding plumbing and electrical, you do not need a contractors license to perform work that does not require a building permit.

Relevant to this case: for the most part this includes most interior and exterior general painting jobs that do not: require scaffolding, involve paint encapsulation of lead or other contamination, or paints intended to form a permanent hydraulic seal.

Unless their are specific local codes to the parameters of this job involves a required permit, it is unlikely a permit was required for this small deck painting job, and if one was the homeowner would have a cross to bear on that too.

Being an unlicensed handy-man is still a lawfull vocation and it is not a homeowner 'out' for work performed if they change their mind on color.

I also must say this Poster was very foolish to not get a contract, it will hurt his case, although it hardly sinks it...

Lastly I think that the $2000 threshold for small claims in CO is wicked low, and is clearly leaving legitimate claimants with NO JUSTICE.

fairisfair said:

are you nuts?? of course you need a license to do business as a painter. Or you need to fall below the contractor level of job cost.

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Yes I must be, unless you are... Looks like you are. LOL Just kidding. The government can not regulate everything****************************...and shouldn't even attempt to do so.

fairisfair said:

are you nuts?? of course you need a license to do business as a painter. Or you need to fall below the contractor level of job cost.

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Do you ever know what you're talking about? Do you research anything? You spout stuff off without having a rabbit's a$$ clue what you're talking about. No, as previously mentioned, you don't have to have a license to do a paint job. Secondly, you have no idea what the man charged in relation to the job. You don't even know the extent of what he painted. He mentioned a deck, but you don't know the size, if there were other things involved. Just shut up and stop projecting your opinions on to posters. This is a legal site. State the legal facts!!!

I do agree, it appears that the state of colorado does not require it's contractors to be licensed. My bad for not checking on that particular state's requirements. I should know better.

However, unlike you Singlebiatch67, I can admit when I am incorrect.

Barring a signed contract however, this painter is going to play hell collecting his money.

Sorry I called you nuts Indiana, you were correct as far as CO goes.

This is an exerpt from local code. Does it sound like an exterior house painter would be included in this statement?
“Contractor” means any person who undertakes
with or for another person within the city to build,
construct, alter, repair, add to, move, or wreck,
any building or structure, or any portion thereof.
Contractor shall also include persons licensed by
the city manager to inspect residential buildings
per BRC 10-3.

http://www.bouldercolorado.gov/index.php?option=com_content&task=view&id=1497&Itemid=524

I would argue that a painter is simply maintaining what is already existant.

Not all states license contractors or builders but most license plumbers and electricians. I've lived in states that require a license to do painting but currently live in one that doesn't. If people want to know what a state requires a license for they can check with the state gov site for agencies and licenses. Here are three sites that may help:

www.coordinatedlegal.com/onlinesearch.html

www.constructionweblinks.com/Industry_Topics/Licensing__Industry_Topics/licensing__industry_topics.html

www.alcosystems.com/StateLicensing.htm#top

This painting is merely cosmetic....no building permit needed and anyone can paint.

SingleMom67 said:

Do you ever know what you're talking about? Do you research anything? You spout stuff off without having a rabbit's a$$ clue what you're talking about. No, as previously mentioned, you don't have to have a license to do a paint job. Secondly, you have no idea what the man charged in relation to the job. You don't even know the extent of what he painted. He mentioned a deck, but you don't know the size, if there were other things involved. Just shut up and stop projecting your opinions on to posters. This is a legal site. State the legal facts!!!

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Ummm actually what he said was

SuperPainter said:

I was painting a clients house and within one day of being finished when the clients claimed I had painted her deck the wrong color.

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I took this to mean he was painting the whole house including the deck.

A verbal contract is enforceable if it can be proven. OP needs to have his witness with him in court if he decides to sue.

IndianaOwner said:

This painting is merely cosmetic....no building permit needed and anyone can paint.

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again, in CO. In my state you do need a contractor's license for any job in excess of $750

http://www.examprep.org/InfoDialog/137.html

Just in case you want to come and paint in AZ!!