California
On February 5th 2010, my company entered into an agreement contract with a licensed contractor for a store renovation project which include exterior painting of the building. In accordance with the specifications set fort in the agreement, the licensed contractor is under contractual obligation to supply labor and materials to put 1 coating of primer and 2 coatings of exterior paint for the outside of the building.
The exterior paint job started around noon on February 18th 2010. The contractor told us the following morning (February 19th 2010) that 80% of the exterior wall has already been completed with 1 coating of primer and 2 coatings of the paint (of our specified color). As the exterior paint job did not appear to be properly done (as it only took half a day to complete 3 coatings does not make any sense ) we have had several agrument with the contractor and demanded that he honor the specifications in the contract. We demanded that he should perform the work accordingly and provide necessary remedies to rectify the short comings of the exterior paint job (we were certain he did not put 2 coatings of paint after the primer).
However, the contractor insisted that all necessary exterior paint work has been completed on that portion of the building and he will not provide any remedies (no more repaint).
I am sure this is a rather common issue but how do I go about to prove that he has cut corners in the paint job? Can I get an attorney in the construction law practice to issue a letter to him demanding proof of receipts for all the paint he purchased for the job so as to warn him that he is on the edge of breaching contract for improper work ? To my knowledge there is a formula to estimate how much paint would be required to complete exterior paint if you have done proper measurements of the building (which I don't think he did).
On the other hand, I had another argument with the contractor on site as he tried to sell the light fixtures I asked him to take down during the renovation and he claimed that once the contractor took it down they have the right to claim the ownership of it and sell it (what's worst he was trying to sell it in my building during renovation).
Please advise on what course of action I can take.What is the name of your state (only U.S. law)?
On February 5th 2010, my company entered into an agreement contract with a licensed contractor for a store renovation project which include exterior painting of the building. In accordance with the specifications set fort in the agreement, the licensed contractor is under contractual obligation to supply labor and materials to put 1 coating of primer and 2 coatings of exterior paint for the outside of the building.
The exterior paint job started around noon on February 18th 2010. The contractor told us the following morning (February 19th 2010) that 80% of the exterior wall has already been completed with 1 coating of primer and 2 coatings of the paint (of our specified color). As the exterior paint job did not appear to be properly done (as it only took half a day to complete 3 coatings does not make any sense ) we have had several agrument with the contractor and demanded that he honor the specifications in the contract. We demanded that he should perform the work accordingly and provide necessary remedies to rectify the short comings of the exterior paint job (we were certain he did not put 2 coatings of paint after the primer).
However, the contractor insisted that all necessary exterior paint work has been completed on that portion of the building and he will not provide any remedies (no more repaint).
I am sure this is a rather common issue but how do I go about to prove that he has cut corners in the paint job? Can I get an attorney in the construction law practice to issue a letter to him demanding proof of receipts for all the paint he purchased for the job so as to warn him that he is on the edge of breaching contract for improper work ? To my knowledge there is a formula to estimate how much paint would be required to complete exterior paint if you have done proper measurements of the building (which I don't think he did).
On the other hand, I had another argument with the contractor on site as he tried to sell the light fixtures I asked him to take down during the renovation and he claimed that once the contractor took it down they have the right to claim the ownership of it and sell it (what's worst he was trying to sell it in my building during renovation).
Please advise on what course of action I can take.What is the name of your state (only U.S. law)?