Dear Zigner,
Thanks for your response to my post on January 8 regarding seeking restitution from a painter who didn't finish the job for which he was paid.
Update: He resurfaced after I left him a voice message stating my intention to sue him in small claims court. When we met on January 9, I presented him with document (a punch list) that I drafted which states that I have paid him in full and which lists all of the unfinished items that are to be completed by 1/12. He agreed to the remaining scope of work and confirmed that he could finish the work by the 12th. I obtained his signature/date and mine as a means to re/affirm our agreement in writing.
He began doing some of the unfinished work and then about a hour later he departed citing an appointment for his son and stating that he'd return later in the day. I've not seen nor heard from him since.
Yesterday, I left him a voice message at each of his numbers stating that I desire reimbursement of $1000.00 for the unfinished work. I advised that he has until 4:00 PM on Friday to respond with arrangements to repay or to provide a counter offer. I advised that if I do not hear from him or if we should fail to reach an agreement on the reimbursable amount, then I will file a case on Monday.
Questions:
1. Do you think that my case has a better chance of success since obtaining his signature on the document that describes the remaining work and deadline? It's not notarized or signed by a witness or anything like that.
2. In addition to capturing photographs of the unfinished rooms/items and copies of the cleared checks that I wrote him, what else should I obtain to help make the case? For example, should I obtain estimates from other painters to validate the cost to complete the remaining work? What else?
Thanks again for your help. I look forward to receiving your response.
