Contractor liability for home damage?

I have hired a painting contractor who in the process of painting has damaged several areas in my home. The contractor has not addressed these this damage and wants to deny that it was caused by them. The project is almost 2/3 done and I have already paid half down. I don't really feel comfortable letting the painters in my home at this point. Is there any way I can terminate the contract and get my half down back (as I said almost 2/3 has been done) or how do I get the contractor to pay for the damage (small claims court)?
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What damage can a painting contractor do?
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HA Budys Here) wrote:

A great deal, I'd imagine.
Spilled paint is the most obvious way in which a painting contractor could cause damage: to carpets, upholstered furniture, hardwood floors, drapery, unsealed masonry (e.g. a basement floor), and so on.
Drywall, or anything wooden, glass, or ceramic could be damaged by careless handling of ladders or other tools.
Hammering the lid back on a paint can, while that can is resting on a hardwood floor, could leave dents in the floor.
Latex paint slopped inside a live electrical outlet could cause all kinds of problems.
I'm sure if you use your imagination, you could think of dozens of ways a painting contractor could cause damage.
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LOL Trash the carpet and floors and furniture and anything else with paint, trash the walls and ceilings by beating them with ladders and other equipment, lot of other stuff limited only by your imagination.
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What does your contract say about termination?
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dont listen to the armchair coaches on this one. if the damage is enough to fight for, call a lawyer.
randy

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"xrongor" wrote

to
I happen to have a degree in being an armchair coach!
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take pictures of the damage and contact his insurance company. You did require him to provide proof of liability insurance before you started didn't you?
Since you are now ahead $$ wise I would tell him not to come back until he addresses the issues. If he says he will sue tell him fine that will give you the opportunity to counter for the damage that he has caused. If he threatens to lien the house tell him fine you are not planning on selling and that once the damage is fixed you will pay!
Wayne

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Depending on where you are, there are many ways to fight back. A contractor replaced my windows and broke the bricks around every window. I refused to pay and he sued. I counter sued under the fraudulent business practices law (Chapter 93a Massachusetts). If I had won, I'd have gotten treble damages. He immediately dropped his suit against me and I dropped my suit against him. I got free windows but had to pay $6000 to have the bricks repaired. The price of the windows was approximately $6000 so it was even. I did have to pay some small legal fees.
Bob

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Interesting. Thanks for sharing your experience with us. Des

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