What is the name of your state (only U.S. law)? Arizona
We contracted for an established painting company to paint the outside of our home. On the second day of work my wife noticed several pairs of earrings missing. We called the police, who checked for fingerprints (though nothing conclusive came up) thus there is no actual evidence of property being stolen, except my wife's knowing the earrings were there in the morning as one pair she was going to wear, but decided against it.
While painting, all the doors of the house were open so that they could paint the trim and frames. They also entered into the house on at least one occasion without permission to use the bathroom. The jewelry was located in another bathroom in the back of the house with a door that leads into a walled-off garden area - implying there was ample opportunity to carry out the theft.
The police requested from the owner the list of all employees who were on our property during the day, but the owner never provided that information. According to the police, the owner and his brother (who was foreman of the job) have a police record, not for theft though, many years ago (drug related). As well, there was a similar case against them, but it was discovered the theft had occurred much before the painters were contracted to do the work.
In the mean time, we have not made the final payment to the contractor which is just less than the total value of the jewelry stolen. He is now threatening to go to court.
As there is no direct evidence of theft, my assumption is that we will have to pay him what we owe for the work. However, we do have the contract that says "paid in full". Also, given his lack of cooperation with the police I am wondering if we have any basis for refusing to pay?
Thanks for any advice.
We contracted for an established painting company to paint the outside of our home. On the second day of work my wife noticed several pairs of earrings missing. We called the police, who checked for fingerprints (though nothing conclusive came up) thus there is no actual evidence of property being stolen, except my wife's knowing the earrings were there in the morning as one pair she was going to wear, but decided against it.
While painting, all the doors of the house were open so that they could paint the trim and frames. They also entered into the house on at least one occasion without permission to use the bathroom. The jewelry was located in another bathroom in the back of the house with a door that leads into a walled-off garden area - implying there was ample opportunity to carry out the theft.
The police requested from the owner the list of all employees who were on our property during the day, but the owner never provided that information. According to the police, the owner and his brother (who was foreman of the job) have a police record, not for theft though, many years ago (drug related). As well, there was a similar case against them, but it was discovered the theft had occurred much before the painters were contracted to do the work.
In the mean time, we have not made the final payment to the contractor which is just less than the total value of the jewelry stolen. He is now threatening to go to court.
As there is no direct evidence of theft, my assumption is that we will have to pay him what we owe for the work. However, we do have the contract that says "paid in full". Also, given his lack of cooperation with the police I am wondering if we have any basis for refusing to pay?
Thanks for any advice.